Articles Posted in Social Security Disability

If you’ve received a denial from the Social Security Administration after attending a hearing before an Administrative Law Judge (ALJ), you can appeal the decision to the Social Security Appeals Council. You have 60 days from the date you receive the denial to ask the Appeals Council to review the ALJ’s decision. The appeals council will look at your claim, the hearing decision, and any additional evidence submitted with your appeal.

There are several ways you can request the Appeals Council to review your case. The first is available through the Social Security Administration website, at https://secure.ssa.gov/iApplNMD/oao. Follow the directions on the website to submit your appeal. Of course, if you are confused and need guidance, you should seek the assistance and counsel of an experienced social security disability attorney like those at Grimes Teich Anderson LLP.

The second way you can request a review of the ALJ’s decision is by mailing in a Form HA-520 to the Appeals Council at the following address:

Appeals Council, SSA/OARO

5107 Leesburg Pike

Falls Church, VA 22041-3255

If you need more time to submit additional evidence or to make a more thorough legal argument, you must ask for it within the 60-day deadline described above. Social Security Disability rules can be confusing, but an experienced Social Security Disability attorney can examine your case and help identify any legal issues that may help the Appeals Council identify areas where the ALJ made a mistake in denying your claim. Continue Reading

The Social Security Administration keeps track of the medical status of some of its beneficiaries with what is called a Continuing Disability Review (CDR).  CDRs take place for beneficiaries of both Social Security Disability (SSDI) and Supplemental Security Income (SSI).  They are not the same as the financial review that people receiving SSI benefits undergo each year to verify their eligibility. This article will explain the frequency of CDRs, how they are carried out, and what to do in the wake of discontinuation of your benefits.

Typical CDR Cycles

If you are a Social Security Disability beneficiary under the age of fifty or one of those deemed likely to recover in a relatively short period of time (more than 12 months but likely in a few years), the SSA typically sets the first CDR for three years, or less, after benefits begin.  In cases where recovery is expected to take a long time or continue permanently, the SSA typically sets CDR dates at five to seven years from the initial determination of disability.  [Note:  These are not hard and fast timelines! In some cases, the SSA might perform a CDR one or two years from the initial finding of disability, and in very rare cases, such as those where the claimant has a permanent injury, they might perform a CDR beyond seven years from the initial review.]  Continue Reading

The Social Security Administration (SSA) is responsible for providing benefits to people who are disabled and either temporarily (more than 12 months) or permanently unable to work.  In order to determine that people are actually unable to work the SSA keeps track of a beneficiary’s medical condition and financial status.  If you are receiving payments from either the Social Security Disability Income (SSDI) program or the Supplement Security Income (SSI) program, the SSA will require that you submit proof of income information on an annual basis to ensure that your income does not exceed a certain limit.  This limit is called the substantial gainful activity (SGA) level.  This post will explain how the Social Security Administration defines SGA for you as one of its beneficiaries and the limits on income that the SSA requires in order to continue providing benefits.

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Student loan payments can be a heavy burden for many people, but for those who rely on Social Security disability benefits to get by, the burden is especially heavy.

With many returning to college at later ages for a change in career, and others co-signing on student loans for family members, there are more older Americans than ever who still have outstanding student loan bills to pay.

According to a recent report from the Government Accountability Office, the government garnished Social Security benefits of 114,000 people ages 50 and over during the last year to recoup student loan debt – and more than half of those were on Social Security disability instead of retirement income.

Although debt collectors cannot take more than 15% of the benefits check, wage garnishment is leaving people who rely on their Social Security benefits below the poverty guideline.

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Many people wait a really long time to receive disability benefits from Social Security.  However, once your application is approved, your contact with the Social Security Administration is not over.  Besides getting a monthly benefit, you still need to stay in touch with SSA about a number of things that can affect your benefits or even result in the loss of your benefits.

1. IF YOU WORK: You are required to inform Social Security if you take a job or become self-employed regardless of the amount of money you make.  Social Security will want to know what kind of work you are doing, how many hours you are working, and if you start or stop a new job.  There are limited amounts of earnings a person can make and still be eligible for their benefits, but the type of work and the hours are both important considerations.  You can try to go back to work, and if you notify SSA, your earnings for nine months will not cause your benefits to stop.  The nine months do not have to be consecutive, but each month during a sixty month period that you earn over $810.00 per month (for 2016) will count as a month toward your trial return to work.  If you aren’t able to continue at a job, you can try other jobs, but any month where you make over $810.00 is counted as one of the nine months for the trial return to work.  After the nine-month trial return to work, you can extend your benefits for up to three years if your earnings are not substantial which means $1,130.00 per month (or $1,820 for blind beneficiaries).  If your earnings are substantial during one of the thirty-six months, you won’t be eligible benefits for that month, but your benefits don’t stop completely.  The bottom line is that the Social Security Administration does not want to discourage people who receive benefits from trying to go back to work if they find something they think they may be able to do.  However, the rules about going back to work are complicated, and it is a good idea to talk with an experienced Social Security attorney about going back to work before you start.

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Even if you do not know much about the Social Security disability benefits program, you probably know this: getting a claim approved can take a long time – even more than a year in some cases.

However, the Social Security Administration realizes that in some cases, an applicant’s medical condition is so severe that the standard claim-processing time is unacceptable. The applicant is obviously disabled and is in need of benefits. To meet this need, the Social Security Administration has implemented the Compassionate Allowances Initiative.

What Is the Compassionate Allowance Initiative?

The Compassionate Allowance (CAL) Initiative was designed to help those with serious and readily diagnosable medical conditions avoid the lengthy and tedious disability benefits application process. Rather than multiple months’ wait, an application may be processed in as little as a few weeks. It is important to note that a person who has a CAL condition will not receive more money than will a person with a non-CAL disability. Instead, their application will simply be processed more quickly.

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