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Recent Blog Posts
Election Season Myths About Social Security
It's an election year, which means that Social Security has become another contentious topic among political candidates, pundits, and the media. Unfortunately, not all information out there is accurate and the GOP-which infamously tried to keep our Social Security disability fund depleted last year-is counting on the public to take some of these assertions as fact. Below, let's debunk some of the myths that have been circulating.
Illegal Immigrants Are Benefiting from Social Security
Perhaps this myth is prevalent due to a lack of knowledge of how Social Security works, but Social Security benefits are dependent on a claimant's work history in Social Security-covered employment. If you begin a job as an undocumented resident without a Social Security number, there's no way to actually collect future benefits. Fake credentials may fool an employer-but not the Social Security Administration if a claim for benefits is made.
Illegal Immigrants and Fraudsters Are "Skipping the Line"
Can Drugs and Alcohol Keep You From Getting Disability Benefits?
There is a public perception that those who suffer from drug abuse or alcoholism (DAA) will never be granted approval for disability benefits. That isn't to say, however, that benefits are granted purely on the basis of an alcoholism or drug addiction diagnosis. In the middle of these two myths is the truth – while drugs and alcohol don't always impact your chances of eligibility for benefits, that doesn't mean it never will.
A disability claim can be denied by Social Security if it is determined that the individual's drug and alcohol addiction is a major factor that contributes to his or her disability. If the individual, however, would still meet the requirements without the drug and alcohol abuse, Social Security will consider their case.
To determine if drug or alcohol addiction is material to the determination of disability, Social Security will ask the following questions:
- Is there a history of DAA?
- Is the addiction the only impairment?
New SSD Appeals Change Makes Advocates Wary
It's no secret that the Social Security Administration faces a tremendous backlog of disability claims to evaluate and process. SSA spokesman Mark Hinkle told Huffington Post that the agency is "in the midst of a public service crisis."
Perhaps even more worrisome, however, is what reporters learned the agency is doing to improve efficiency. Up until recently, appealed claims that are remanded for reconsideration were handed back down to an administrative law judge. Now, the SSA is having some of those same cases handed to administrative appeals judges. The change may look minute, but could have negative ramifications for claimants.
That's because administrative appeals judges are not hired or overseen by the same standards as administrative law judges. Administrative law judges are shielded from institutional pressures, performance reviews, and bonus evaluations. Administrative appeals judges are not, calling their impartiality into question.
Updates for Disabled Americans with Student Loans
For some time now, disabled Americans who were saddled with hefty federal student loans remained eligible for loan forgiveness under the Total and Permanent Disability ('TPD') Discharge program. Unfortunately, many disabled borrowers were unaware of the debt forgiveness program and have never sought assistance. Fortunately, the Department of Education has just announced that it plans to prospectively identify borrowers who are eligible for debt forgiveness, which could be a huge relief for thousands of disabled Americans.
Working in coordination with the Social Security Administration, the Department of Education has sought to identify student loan borrowers who receive disability payments and are designated as 'Medical Improvement Not Expected,' a term that would qualify them for loan forgiveness under the TPD program. According to the Department of Education, in December of 2015 and March of 2016, approximately 387,000 borrowers were identified as being eligible for debt forgiveness under TPD. The Department estimated that this constitutes over $7.7 billion worth of student loan debts that might be eligible for forgiveness.
Surprising pitfalls in disability cases: it's more than meets the eye
A colleague of mine once shared an anecdote about a recent disability case of his that had gone terribly, terribly wrong. The evidence was strong, the judge was fair, and the client's testimony was compelling. The problem? When asked if there was anything else he wanted to share with the judge, the client responded, 'Your honor, if I could work, I would. In fact, I've looked everywhere for work, but I just can't find anything.'
This beautifully illustrates one of the cardinal rules of good advocacy-never ask a question you don't know the answer to. But for purposes of Social Security disability, it also illustrates just how counterintuitive the disability process can be. As this blog explains, disability law often entails more than meets the eye.
By any other measure, looking for work should be helpful to a disability case. After all, doesn't it suggest that the person is genuinely striving to become self-sufficient and avoid dependency on governmental benefits? Well, to a judge, it suggests something very different. In our experience, most judges assume that a disabled person simply knows deep down that he is disabled. Based on this logic, the judge assumes that a person who is looking for work must not believe he is disabled. Interestingly, despite this assumption, The Social Security Administration actually encourages disability recipients to try to return to work through the Ticket to Work program and The Plan to Achieve Self-Support program. Nevertheless, disability judges routinely hold this against claimants who may truly be unable to hold a job.
Why won't you take my SSDI/SSI case?
Every month, we are contacted by potential clients all across the nation asking if we can help them with their SSDI/SSI case. We strive to be as selective as possible in taking only the strongest cases up to the federal government. As a result, this means we cannot take every case and we unfortunately have to turn down a large number of potential clients. This inevitably raises a question: 'why won't you take my case?' In this post, we want to discuss some of the more common issues we encounter and give you an idea how we decide whether a case meets our standards for representation.
We first want to stress, however, that our callers are some of the most sincere, deserving individuals, many of whom are suffering terminal and lifelong illnesses that legitimately keep them from working. Unfortunately, not every deserving case is possible to prove in court. As attorneys, we are ethically bound to only take only the cases we reasonably believe will be meritorious. We, therefore, are selective not only by choice, but also by duty.
Long Waits Still Haunt the Social Security Disability Appeals Process
Just how long do Social Security disability applicants have to wait to appeal their denied claims? According to an alarming report from the Associated Press, as long as two years in some states.
The AP's investigation found that Miami had the longest SSDI waits nationwide, with an average wait of 22 months to see an administrative judge following a claim denial. Brooklyn, Spokane, Fort Myers weren't much better with 20-month waits. Nationally, the average wait to appeal an SSDI denial is 16 months.
These long waits can have devastating effects on applicants who are in desperate need of relief and medical attention. Unable to work and lacking the support they need, many must rely on loved ones to support them until they get to see a judge and make their case for benefits. Others find themselves without crucial medication or insufficient or intermittent medical treatment that leaves them suffering.
New Federal Budget Adds Funds, Crackdowns to Social Security Disability Program
After months of debate by lawmakers over the future of Social Security Disability Insurance program, the program has been restored with funds that will keep it solvent until 2022. That replenishment comes with President Obama's signing a new federal budget earlier this month that reallocates some federal money to the SSDI program, but also comes with caveats to quell the concerns of the program's opponents.
As MetroNews reports, much of the SSDI debate had been drowned out over other national fiscal concerns, namely the debt ceiling and a possible government shutdown. However, many eyes were on a possible SSDI fix since, earlier this year, SSDI Trustees reported an "urgent threat of reserve depletion." Congress conservatives had opposed to saving the program with Social Security retirement funds, which had been the source of numerous SSDI restorations in the past.
Congress Has Yet to Replenish Social Security Disability Program
In report last month from the Social Security trustees, officials confirmed what many economists, lawmakers, and advocates have been predicting for some time: without action from Congress, the Social Security Disability program will be depleted by the end of 2016. The depletion would result in a 19% cut in benefits for the nearly 11 million Americans who depend on them.
AsThe Washington Post reports, the Social Security trustees called for quick action to maintain the program's solvency. "Social Security's Disability Insurance (DI) Trust Fund now faces an urgent threat of reserve depletion," the new report stated, "requiring prompt corrective action by lawmakers if sudden reductions or interruptions in benefit payments are to be avoided."
The Four Biggest Mistakes SSD Claimants Make When Applying for Benefits
While so many of us unable to work are able to benefit for Social Security Disability benefits, not all who apply for them-and truly need them-receive the relief they need. This is due to an extremely stringent and rigorous examination process the Social Security Administration (SSA) must employ to deter fraud and select claims that are actually legitimate. The unfortunate side of this vetting process is that many deserving applicants are denied benefits.
Most of these denials are due to common mistakes applicants may not be aware are frowned upon. Many of these simple mistakes can be caught early and corrected either before applying or after receiving a rejection.
Four common mistakes claimants make with their SSD application include:
- Collecting unemployment while filing for SSD benefits: for many, unemployment and SSD may seem like the same thing, but they are very different. Collecting unemployment means that you have agreed to actively look for work. SSD benefits require applicants to establish that they are physically or mentally unable to work for a prolonged period of time. If the SSA sees that an applicant is collecting unemployment, their application will be denied.
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