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Many people who suffer from mental health impairments turn to illegal drugs or alcohol as a way of self medicating. Some people who are prescribed legal medications also abuse those medications for the same reason, but Social Security looks at substance abuse different than it did just a couple of years ago. Social Security listed substance addiction as a disabling condition in its listings of impairments until 2016. When the listings were revised substance abuse was removed from the listings and Social Security would not consider it a disabling condition on its own. Social Security’s listings of impairments are used to determine the severity of a condition in disability cases. Below is the listing for substance abuse before it was removed. 12.09 Substance Addiction Disorders: Behavioral changes or physical changes associated with the regular use of substances that affect the central nervous system. The required level of severity for these disorders is met when the requirements in any of the following (A through I) are satisfied. Organic mental disorders. Evaluate under 12.02. Depressive syndrome. Evaluate under 12.04. Anxiety disorders. Evaluate under 12.06. Personality disorders. Evaluate under 12.08. Peripheral neuropathies. Evaluate under 11.14. Liver damage. Evaluate under 5.05. Gastritis. Evaluate under 5.04. Pancreatitis. Evaluate under 5.08. Seizures. Evaluate under 11.02 or 11.03 We have seen many denial letters, after the changes were made, come from Social Security with language indicating Social Security cannot provide benefits to someone addicted to drugs or alcohol because it is not a disabling condition. Rarely is substance abuse a condition most people have without other types of mental health impairments. Substance abuse or alcohol abuse is a roadblock to a successful disability claim, but people who suffer from this epidemic should not be ignored because there are many other types of impairments that usually accompany substance abuse.  

  Social Security still lacks a confirmed commissioner or an acting commissioner, but is still trying to get the Office of Management and Budget (OMB) to approve Revisions to the Rules of Conduct and Standards of Responsibility for Appointed Representatives. These final regulations were previously submitted to the OMB before President Barack Obama was still in office, but were withdrawn just before the inauguration of President Donald Trump. Below are some highlights of what is being considered. The changes to our rules are not meant to suggest that any specific conduct is permissible under our existing rules; instead, we seek to ensure that our rules of conduct and standards of responsibility are clearer as a whole and directly address a broader range of inappropriate conduct; A representative should not withdraw after a hearing is scheduled unless the representative can show that a withdrawal is necessary due to extraordinary circumstances, as we determine on a case-by-case basis; Disclose in writing, at the time a medical or vocational opinion is submitted to us or as soon as the representative is aware of the submission to us, if; The representative referred or suggested that the claimant seek an examination from, treatment by, or the assistance of the individual providing opinion evidence. These new rules seem to make it more difficult on attorneys who represent claimants. There are a variety of reasons attorneys withdraw from cases and, the rule regarding withdrawing after a hearing has been scheduled could end up wasting a lot of time for all parties involved. The rules related to recommending medical treatment are also concerning. Although law offices typically do not recommend physicians they can recommend a client see a particular type of doctor, but this is much different than recommending a specific physician.  

Many Americans suffer from a disability that prevents them from working. Many times these impairments are so severe that Social Security disability benefits are awarded, but many other times even people with disabilities can maintain employment as long as “reasonable” accommodations are provided. Applicants who are qualified for a position cannot be discriminated against because of a disability. Employers must provide “reasonable” accommodations under the Americans with Disabilities Act (ADA). These protections apply to all types of employers, whether they are public or private employers. The ADA defines a disability as “a physical or mental impairment that substantially limits a major life activity.” The law also protects employees if they have a history of a disability, or if an employer believes that the employee has a disability, even if they don’t. Employers are supposed to make “reasonable” accommodations for disabled applicants and employees, but what consists of “reasonable” accommodations? The Equal Employment Opportunity Commission (EEOC) states that a “reasonable accommodation is any change or adjustment to a job or work environment that permits a qualified applicant or employee with a disability to participate in the job application process, to perform the essential functions of a job, or to enjoy benefits and privileges or employment equal to those enjoyed by employees without disabilities.” Unfortunately, even with the ADA discrimination against the disabled still occurs in the work environment. Anyone who believes they are a victim of discrimination based on a disability should contact the EEOC. Typically, a discrimination claim must be filed within 180 days of an alleged incident. If it is found that a person with a disability was discriminated against in the workplace, they are entitled to relief. They may be entitled to hiring, promotion, reinstatement, back pay, or reasonable accommodation, which may include reinstatement. For more information call 800-669-4000 or visit the EEOC online at www.eeoc.gov.

 Considering there are many different appeal options on denial notices issued by the Social Security Administration, it is difficult to know when a decision made by Social Security denying a disability claim is final. Typically a final decision comes at the federal court level, but there is always a possibility that Social Security, if asked, can reopen final determinations and reconsider them. It happens very rarely, but still remains a possibility. When Can SSA Reopen A Final Determination Or Decision? A final determination, revised determination, decision or revised decision may be reopened and revised by a Social Security office, an Administrative Law Judge (ALJ) or the Appeals Council within certain time limits and under certain conditions. Social Security may decide to reopen a final determination or decision on its own or as a result of receiving a written request from a claimant or beneficiary. A decision not to reopen a determination or decision is not an initial determination and is not subject to appeal. When Can SSA Reopen A Determination Or Decision Within 12 Months? Social Security can reopen determinations or decisions within 12 months from the date of the notice of the initial determination for any reason. When Can SSA Reopen A Determination Or Decision Within 24 Months? Social Security can reopen determinations or decisions within 24 months from the date of the notice of the initial determination if: Social Security receives new and material evidence; Social Security made a clerical error; or The evidence that SSA used in making the determination or decision clearly shows on its face that the determination or decision was incorrect. When Can We Reopen A Determination Or Decision At Any Time? Social Security can reopen a determination or decision at any time if: It was fully or partially unfavorable to you, but only to correct: clerical error; or an error that appears on the face of the evidence that we considered when we made the determination or decision. It was obtained by fraud or similar fault by the claimant or beneficiary, or some other person.

The term permanently disabled doesn’t apply to the Social Security disability program. Some Americans may believe that once Social Security considers someone disabled that they are permanently disabled, but this is not the case. That doesn’t mean that there are not some people who are found disabled by Social Security who never end up working again and collect Social Security benefits for the rest of their lives, because there are, but for most Social Security is really a temporary disability program. Each year Social Security does many Continuing Disability Reviews (CDRs). These are medical reviews done by the agency to determine if someone receiving Social Security disability benefits is still disabled. Last year Social Security did more than 1.9 million of these reviews. The total number of reviews done is a bit misleading as a portion of these reviews consisted of claimants receiving a form to complete, but of the more than 767,000 full medical reviews done, a total of 201,217 claimants were actually determined to be no longer disabled and cutoff from benefits, the majority (65 percent) of which were children. These numbers seem to indicate that Social Security is focusing on children who receive Supplemental Security Income (SSI) benefits. Although there are certainly instances where someone who receives Social Security disability benefits improves medically and no longer qualifies for benefits, but most people who are approved for Social Security benefits continue to be disabled for years to come. The rules of the program only provide benefits to someone if they have been or are expected to be disabled at least for one year in order to receive benefits. It’s a difficult program to qualify for benefits for and does not lend itself well to quick medical turnarounds. Of all the people receiving Social Security disability benefits it’s a wonder why Social Security is focusing on kicking children off benefits. To learn more click here.

Social Security is not necessarily interested in punishing disabled workers who try to go back to work and earn a living rather than collecting disability payments, so the agency came up with a trial work period. A trial work period allows a disabled worker to earn a certain amount of work-related income and disability benefits at the same time to encourage people to try and go back to work. What Is The Purpose Of The Trial Work Period? A trial work period provides an incentive for personal rehabilitation efforts for you as a disabled worker, disabled widow(er), or childhood disability beneficiary (who is still disabled) to return to work. It allows you to test your ability to work for up to nine months within a 60-consecutive-month period without your earnings for those months affecting your benefits. If your disability does not improve and you continue to report your work activity, your rights to trial work period benefits are not affected. Any work and earnings during the nine-month trial work period is disregarded in determining whether your disability ended during the trial work period. The trial work period does not prevent the consideration of any medical evidence that demonstrates your recovery before the ninth-month period. If your condition has improved, it is possible for your benefits to end before you complete your ninth month of trial work. Only one trial work period is allowed in any one period of disability. When Is Your Work During The Trial Work Period Not Counted As A Month Of Service? For calendar year 2018, use the following guidelines to determine if your work during a trial work period does not count as a “month of service” for trial work period purposes: Your earnings from employment are $850 or less in a month; or Your earnings from self-employment activity are $850 or less in a month and you spend 80 hours or less in self-employment activity. The dollar amount is adjusted each year based on the national average wage. When Are Benefits In The Trial Work Period Not Payable? If you are convicted by a Federal Court of fraudulently concealing work activity that occurred during the TWP, you are not eligible to receive payment for any TWP months that occur in or after March 2004 and before the date of the conviction. If payments for those TWP months have already been paid to you, you will be liable for repayment.

The Social Security Administration (SSA) has made numerous efforts to connect with people by using social media to provide information regarding the agency and the services it offers. For people looking for information on Social Security Retirement, Disability, or Survivors benefits the SSA now offers downloadable podcasts and webinars featuring different topics. The webinars offer videos regarding the topic. See what webinars are available by going the SSA’s website. Podcasts are also available on the SSA’s website and offer audio information regarding the designated topic. For the latest news from the SSA, you can subscribe to their email or text message services. To subscribe, click here. After subscribing, you can elect to receive updates on a daily, weekly, or monthly basis. The SSA also has a Twitter feed, Facebook page, YouTube Channel, and Pinterest to stay connected.  Check each of these pages out by clicking the above links.

While individual Disability Insurance Benefits (DIB) are determined based on the amount individuals have paid into the system over time, Supplemental Security Income (SSI) is need based, and cost-of-living adjustments (COLA) in maximum amounts are determined based on a formula set by Congress. There have recently been proposals to change the way this COLA is calculated. The formula set by Congress depends on the idea of an individual’s buying power, currently from a statistic called CPI-W, the Consumer Price Index for Urban Wage Earners and Clerical Workers. CPI-W measures the change in the cost of the things these individuals (32% of U.S. workers ) buy over a defined period of time. Chained CPI-U takes a larger amount of purchases over a longer period of time than CPI-W, and assumes that as goods and services become more expensive, consumers will substitute less expensive alternatives. Certain demographics, however, may need certain products and services that may increase in price more rapidly. In other cases, the products that a particular group of consumers need may not have available substitutes. For these reasons, chained CPI-U may underestimate the amount by which their cost-of-living expenses increase. While the current administration has agreed that chained CPI-U may help in reducing some costs, they argue that means-tested benefits like SSI should be exempted from any changes. If you want to read more about the difference between Chained CPI and CPI-W, and how they are calculated, there is an interesting blog post by the Congressional Budget Office. The CBO also has posted an article about how these changes might impact the elderly.