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ALJ Decisions May Take Longer To Receive

Waiting is part of the game of the Social Security disability process. Claimants and representatives have to wait for initial application decisions, sometimes up to six months, and they have to wait for Request for Reconsideration decisions, sometimes up to another six months. The longest wait period is once a hearing before an Administrative Law Judge (ALJ) is requested. This waiting period is typically a year or longer, but most of the time a claimant can count on receiving the written decision from the judge within 90 days, but that may now be in jeopardy. An ALJ discussion forum, which can be found here, indicates that Social Security has stopped allowing overtime to employees who were in charge of writing the ALJ decisions. This decision indicates it is predicated on the reduction of the hearing backlog and new appointment of Andrew Saul as Social Security’s new commissioner. This is likely to mean that fewer hours are available to write ALJ decisions, and with judges increasing the amount of hearings they conduct, there could be a huge backlog of decisions that need to be written and sent out. This is not a problem that will immediately present itself, but over time the length of time from a hearing date until a claimant receives the written decision could increase drastically. Receiving a decision is many times the end of the process for a claimant, so increased wait times to receive a decision to determine if someone qualifies for benefits would be extremely frustrating. Although most ALJs issue decisions within about 90 days there are specific rules or regulations that indicate an ALJ must issue a decision within a certain amount of time. Some people may believe ALJs write their own decisions, but they do not, that responsibility is left to the decision writers who will now be stretched even more thinly.  

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When Disability Payments Start

After the Social Security determination process is over and a claimant has been found disabled Social Security begins the process of issuing the official decision, sending out the award letter, which explain past-due benefits and monthly payments, and finally issuing payments. Sometimes people are surprised by the amount they receive in past-due benefits or monthly amounts, but Social Security has a specific formula in place to determine this. Understanding this formula and the rules associated with the different Social Security programs will give claimants a better idea of what they can expect when the award letter is issued and the payments are issued. Below is some information from Social Security that tries to explain when and how disability payments start. The Process Disability benefits for workers and widows usually cannot begin for 5 months after the established onset of the disability. Therefore, Social Security disability benefits will be paid for the sixth full month after the date the disability began. The 5-month waiting period does not apply to individuals filing as children of workers. Under SSI, disability payments may begin as early as the first full month after the individual applied or became eligible for SSI. In addition, under the SSI disability program, an applicant may be found “presumptively disabled or blind,” and receive cash payments for up to 6 months while the formal disability determination is made. The presumptive payment is designed to allow an individual with limited income and resources to meet his or her basic living expenses during the time it takes to process the application. If it is finally determined that the individual is not disabled, he or she is not required to refund the payments. There is no provision for a finding of presumptive disability or blindness under the Title II program.  

General Info, Legal News, SSA, SSDI

When You Are Approved For Benefits

When You Are Approved For Benefits Getting the news that you have been approved for Social Security disability benefits may seem like the end to a long, exhausting process, but approval does not mean the final end to a claim. Although it is great to learn you have been approved the process is not over. Typically there is more waiting involved and there are some important factors to consider once Social Security advises that someone is disabled and eligible for benefits. Below is from a Social Security publication detailing what happens next after a claim is approved. What happens when my claim is approved? Social Security will send a letter to you telling you your application is approved, the amount of your monthly benefit, and the effective date. Your monthly disability benefit is based on your average lifetime earnings. Your first Social Security disability benefits will be paid for the sixth full month after the date your disability began. Here is an example: If the state agency decides your disability began on January 15, your first disability benefit will be paid for the month of July. Social Security benefits are paid in the month following the month for which they are due, so you’ll receive your July benefit in August. You’ll also receive What You Need to Know When You Get Disability Benefits (Publication No. 05-10153), which gives you important information about your benefits and tells you what changes you must report to Social Security. Can my family get benefits? Certain members of your family may qualify for benefits based on your work. They include: Your spouse, if he or she is age 62 or older; Your spouse at any age, if he or she is caring for a child of yours who is younger than age 16 or disabled; Your unmarried child, including an adopted child, or, in some cases, a stepchild or grandchild. The child must be younger than age 18 (or younger than 19 if still in high school); Your unmarried child, age 18 or older, if he or she has a disability that started before age 22. The child’s disability must also meet the definition of disability for adults. NOTE: In some situations, a divorced spouse may qualify for benefits based on your earnings, if he or she was married to you for at least 10 years, is not currently married, and is at least age 62. The money paid to a divorced spouse doesn’t reduce your benefit or any benefits due to your current spouse or children. How do other payments affect my benefits? If you’re getting other government benefits (including those from a foreign country), the amount of your Social Security disability benefits may be affected. For more information, you should see the following: How Workers’ Compensation And Other Disability Payments May Affect Your Benefits (Publication No. 05-10018); Windfall Elimination Provision (Publication No. 05-10045); and Government Pension Offset (Publication No. 05-10007). You can get these publications from Social Security’s website www.ssa.gov, or you can contact Social Security to request them.  

Demystifying, General Info, Legal News, SSA, SSDI

Man Uses Multiple Social Security Numbers To Collect Over $200,000 In Fraudulent Benefits

We have seen many different ways people have tried to obtain Social Security benefits fraudulently, but this one may be one of the more creative ways. According to this story from NJ.com, a New Jersey man pled guilty to using three different Social Security numbers to defraud the government out of more than $220,000 in Social Security benefits. Fernando Solaris, 63, pled guilty to one count each of Social Security disability fraud and theft of government property according to a statement from the U.S. Attorney’s Office. The story indicates Solaris slightly altered his name when he applied for a second and third Social Security card going all the way back to 2002. He used one of the Social Security numbers to apply for and be approved for disability benefits, but he continued to work using other Social Security numbers.  In addition to collecting disability benefits, Solaris also used the multiple Social Security numbers to collect unemployment benefits and received more than $21,000 in spousal benefits from Social Security. This fraudulent activity lasted until 2015. He is facing up to 15 years of prison when he is scheduled to be sentenced June 4. On The Same Note A former Maine man has been sentenced to 18 months in federal prison for attempting to obtain a new Social Security card so he didn’t have to pay alimony or child support. The Bangor Daily News reported that Lachlan Olen Granite, formerly known as Scott Edward Bounds, 54, now of New Hampshire, owed back alimony and child support and believed the new Social Security number and other new identification would allow him to skip out on his alimony and child support obligations. According to the story, Granite informed a Social Security employee that he had recently moved to Maine after being excommunicated from an Amish community in Illinois.

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Why Social Security Was Needed When It Was

Social Security was established in the 1930s and many people know that Social Security was a response to the Great Depression when there were few safety nets available to provide benefits to the elderly and disabled, but what was the atmosphere that led to the Great Depression, which then led to Social Security? Below Social Security chronicles the changes America was going through leading up to the Great Depression, which gives some insight as to how our country changed forever back then and eventually Social Security was born. America Changes Despite all of the institutional strategies adopted in early America to assure some measure of economic security, huge changes would sweep through America which would, in time, undermine the existing institutions. Four important demographic changes happened in America beginning in the mid-1880s that rendered the traditional systems of economic security increasingly unworkable: The Industrial Revolution The urbanization of America The disappearance of the “extended” family A marked increase in life expectancy The Industrial Revolution transformed the majority of working people from self-employed agricultural workers into wage earners working for large industrial concerns. In an agricultural society, prosperity could be easily seen to be linked to one’s labor, and anyone willing to work could usually provide at least a bare subsistence for themselves and their family. But when economic income is primarily from wages, one’s economic security can be threatened by factors outside one’s control–such as recessions, layoffs, failed businesses, etc. Along with the shift from an agricultural to an industrial society, Americans moved from farms and small rural communities to large cities–that’s where the industrial jobs were. In 1890, only 28 percent of the population lived in cities, by 1930 this percentage had exactly doubled, to 56 percent. This trend toward urbanization also contributed to another significant shift in American society, the disappearance of the extended family and the rapid rise of the nuclear family. Today we tend to assume that “the family” consists of parents and children–the so-called nuclear family. For most of our history, we lived in “extended families” that included children, parents, grandparents and other relatives. The advantage of the extended family was that when a family member became too old or infirm to work, the other family members assumed responsibility for their support. But when the able-bodied left the farms to seek employment in the cities, often the parents or grandparents stayed behind. And when new immigrants first arrived in our land, it was often the breadwinner who first made the passage and only later could he bring the family over. And finally, another significant change happened in the early decades of this century. Thanks primarily to better health care and sanitation, and the development of effective public health programs, Americans began to live significantly longer. In three short decades, 1900-1930, average life spans increased by 10 years. This was the most rapid increase in life spans in recorded human history. The result was a rapid growth in the number of aged persons, to 7.8 million by 1935. The net result of this complex set of demographic and social changes was that America was older, more urban and more industrial, and fewer of its people lived on the land in extended families. The traditional strategies for the provision of economic security were becoming increasingly fragile.  

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Rep Payee Accused Of Stealing More Than $100,000 In Social Security Benefits

An Alabama woman who worked for Easterseals is accused of stealing more than $100,000 in Social Security benefits from beneficiaries she was supposed to be managing funds for. Tamara Jean Conwell, who worked as a representative payee for Easterseals, allegedly took $105,000 in Social Security benefits meant for beneficiaries and spent the money on her own expenses. Representative payees are in charge of managing Social Security benefits for people who have been determined to be unable to manage their own benefits. Typically family members serve as representative payees, but when a family member is not available outside organizations, like Easterseals, become a beneficiary’s representative payee.  According to this story, federal prosecutors say Conwell has agreed to pay restitution in the matter, but is still potentially facing prison time. The Disability Numbers Over the last few years Social Security has seen a reduction in the amount of disability cases being filed and approved. The recent numbers posted by Social Security also show that there are less people collecting benefits than a few years ago. Below is a closer look at the numbers. Number of claims received for adjudication: 2018                                       2017                                       2010 1,300,668                               1,377,803                                1,926.398 Number of claims approved: 2018                                       2017                                       2010 733,879                                     762,141                                  1, 052,551 These numbers clearly show that the number of people applying for Social Security disability benefits is substantially less than it was in 2010 and that the number claims being approved is about 25 percent less than in was in 2010. Both of Social Security’s trust funds have shown improvement over the last few years and if these trends continue there would be less strain on the Social Security disability trust funds. Any notion that the Social Security disability program is running out of control because of increased applications is simply not true.

Demystifying, General Info, Legal News, SSA, SSDI

Disability Statistics

Social Security recently published the National Beneficiary Survey: Disability Statistics, 2015. This publication provides details about who is receiving disability benefits, based on gender, race and education. The survey puts a face on the people who receive Social Security disability benefits, so we can have a better understanding of their background. Gender and Race The total number of disability beneficiaries is split evenly with 50 percent being men and 50 percent being women. Approximately 53 percent of men receive Social Security Disability Insurance (SSDI) benefits, while close to 58 percent receive the needs-based Supplemental Security Income (SSI) program benefits. About 44 percent of the men receive both SSDI and SSI benefits. The survey showed that 47 percent of women receive SSDI and more than 52 percent receive SSI. A little more than 56 percent receive both SSDI and SSI. Additionally, Caucasians outnumber any other race receiving benefits, as they makeup 69 percent of all beneficiaries. Education and Age Just 7.8 percent of beneficiaries have a college degree. More than 38 percent of beneficiaries have a high school diploma or a GED, but more than 28 percent of beneficiaries did not complete high school and have no diploma or GED. As expected, older people are collecting disability benefits the most. More than 29 percent of all beneficiaries are at least 60 years old. Another 35 percent are between the ages of 50-59. This means that 64 percent of disability benefits go to people at least 50 years old or older. Family Trying to raise a family while on disability benefits can be extremely difficult. Approximately 24 percent of all beneficiaries have no family, but nearly 65 percent have a spouse or partner and more than 16 percent of beneficiaries have children. Understanding who receives disability benefits humanizes people more, they are not just numbers. People receiving disability benefits include our family members, neighbors, friends and other people we know in the community. To see the entire survey click here.    

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Who DDS Is And What They Do

Disability denials issued at the initial application level and the first appeal level are sent out by Social Security, but many people do not understand that Social Security does not make the decision of whether or not someone is disabled, that is decided by a state agency known as Disability Determination Services (DDS). Understanding who DDS is and what they do is important in understanding a disability claim. State Disability Determination Services The DDSs are State agencies responsible for developing medical evidence and making the initial determination about whether the claimant is or is not disabled or blind under the law.  These State agencies are fully funded by the Federal Government. Usually, the DDS obtains evidence from the claimant’s own medical sources first. When the evidence is unavailable or insufficient to make a determination, the DDS may arrange a consultative examination (CE) to obtain additional evidence. The individual’s own medical source(s) is the preferred source for the CE; however, the DDS may also obtain the CE from an independent source. (See Part II, Evidentiary Requirements, for more information about CEs.) After completing its development, the DDS makes the disability determination. An adjudicative team consisting of a medical or psychological consultant and a disability examiner usually makes the determination. If the adjudicative team finds that additional evidence is still needed, the consultant or examiner may re-contact a medical source and ask for additional information. The DDS will refer the case to the State vocational rehabilitation (VR) agency if the claimant is a candidate for VR. The DDS returns the case to the field office after making a disability determination.  The field office takes appropriate action depending on whether the claim is allowed or denied.  If the DDS finds the claimant to be disabled, SSA will complete any outstanding non-disability development, compute the benefit amount, and begin paying benefits. If the claimant is found to be not disabled, the file is retained in the field office in case he or she decides to appeal the determination. If the claimant appeals an initial determination, the appeal is usually handled much the same as the initial claim with the exception that a different adjudicative team in the DDS than the one that handled the original case makes the reconsideration determination.

Demystifying, Legal News, SSA, SSDI

Blood Disorders

Just as there are a variety of different types of immune system disorders, there are also a variety of blood disorders that can impact a person’s ability to work. Below is the criteria Social Security uses to analyze the severity of different types of blood disorders to determine if a condition is severe enough to qualify for Social Security disability benefits. What hematological disorders do we evaluate under these listings? Social Security evaluates non-malignant (non-cancerous) hematological disorders, such as hemolytic anemias (7.05), disorders of thrombosis and hemostasis (7.08), and disorders of bone marrow failure (7.10). These disorders disrupt the normal development and function of white blood cells, red blood cells, platelets, and clotting-factor proteins (factors). The agency evaluates malignant (cancerous) hematological disorders, such as lymphoma, leukemia, and multiple myeloma, under the appropriate listings in 13.00, except for two lymphomas associated with human immunodeficiency virus (HIV) infection. We evaluate primary central nervous system lymphoma associated with HIV infection under 14.11B, and primary effusion lymphoma associated with HIV infection under 14.11C. What evidence does Social Security need to document that you have a hematological disorder? We need the following evidence to document that you have a hematological disorder: A laboratory report of a definitive test that establishes a hematological disorder, signed by a physician; or A laboratory report of a definitive test that establishes a hematological disorder that is not signed by a physician and a report from a physician that states you have the disorder; or When Social Security does not have a laboratory report of a definitive test, a persuasive report from a physician that a diagnosis of your hematological disorder was confirmed by appropriate laboratory analysis or other diagnostic method(s). To be persuasive, this report must state that you had the appropriate definitive laboratory test or tests for diagnosing your disorder and provide the results, or explain how your diagnosis was established by other diagnostic method(s) consistent with the prevailing state of medical knowledge and clinical practice. Social Security is expected to make every reasonable effort to obtain the results of appropriate laboratory testing you have had. But, Social Security will not purchase complex, costly, or invasive tests, such as tests of clotting-factor proteins, and bone marrow aspirations.

General Info, Legal News, SSA, SSDI

Report Shows Widows And Widowers Were Underpaid By Social Security

A report released in February of 2018, by the Office of the Inspector General for the Social Security Administration, showed that the agency underpaid widows and widowers by more than $131 million because these beneficiaries were not informed that they would receive a higher benefit amount, if they delayed receiving retirement benefits until age 70. Basically, it would’ve been beneficial for these beneficiaries to collect widow and widower benefits until age 70, when they could have opted to receive retirement benefits at a higher rate. The OIG indicated that Social Security, in many instances, neglected to inform these beneficiaries of the advantages of delaying retirement benefits until age 70. “SSA employees must explain the advantages and disadvantages of filing an application so claimants can make an informed filing decision. SSA employees must discuss and document any unfavorable filing decisions, such as filing an application for retirement benefits when it would be advantageous to delay the application. If a claimant applies for benefits even though it is not in his/her best interest, SSA employees must document the facts and decision in its automated system,” the report said. The OIG’s report randomly sampled the cases of 50 beneficiaries and determined that 82 percent were eligible for higher monthly benefits if they had delayed receiving retirement benefits until age 70. OIG Recommendations To rectify the situation, the OIG made a list of recommendations that Social Security agreed with and these include: Taking action on the cases identified where beneficiaries were underpaid and determine whether Social Security should review the more than 13,000 other similar types of cases; Remind Social Security employees to discuss with widow and widower claimants, the effect of delaying their applications for retirement benefits and document the facts and decisions in accordance with SSA policy; Determine whether Social Security should develop additional controls to ensure it informs widows and widowers of their option to delay their application for retirement benefits.

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