Patti's Blog - Advocate for Elders, People with Disabilities and Their Families

Social Security Disability SSI - mistakes not to make 5

Excerpt from My Disability Blog: (click for entire article)

Filing a new social security disability or SSI disability application versus filing an appeal following the denial of an initial claim is generally a mistake. Unfortunately, disability examiners see it all the time. A case lands on a disability examiner's desk with a unique number of 23 and the examiner thinks "my god, this person has had 23 applications (this number may be inflated if all prior applications were concurrent---concurrent filings are for social security disability and SSI and both apps would count toward the total unique number).

Put simply, if you get denied for disability and keep filing brand new applications, you will, most likely, just keep getting denied over and over and over again.

In instances in which a claimant has been denied on an initial claim (the disability application i.e. the starting point), it will generally make more sense, and be more productive, to file an appeal versus filing a new application.

Official: Mass. in line for $160M for Social Security error

Excerpt from the Boston Herald : (click for entire article)

Massachusetts is owed $160 million from the federal government for a little-known Social Security policy that’s been erroneously overlooked for 35 years, according to Gov. Deval Patrick’s top health and human services adviser.

At issue is the way the Social Security Administration handles disability claims. Health and Human Services Secretary Bigby said the federal agency often declines applications for disability payouts on an applicant’s first attempt. However, if an applicant appeals the rejection, the state then covers health care costs for that person until the matter is resolved. If the applicant is ultimately approved, the SSA is supposed to reimburse the state for that interim coverage.

“We’re one of the first states that brought it to their attention,” Bigby said in a phone interview. “We are pushing for a mechanism to get that money back to the state.”

SSDI/SSI Employment Supports

Excerpt from Vermont Assn. of Business, Industry & Rehabilitation: (click for entire article)

Ticket to Work Program SSDI and SSI The Ticket to Work Program is an innovative program from the Social Security Administration for individuals with disabilities who want to work. It increases your choices in obtaining the employment services, vocational rehabilitation services, and other support services you may need to get or keep a job. It is a free and voluntary service. You can use the Ticket if you choose, but there is no penalty for not using it. Also, the SSA will not conduct a medical review of your case while you are using the Ticket. This program is available in all 50 States and 10 United States Territories.

How do Vocational Witnesses Prepare for Your Hearing?

Excerpt from Social Security Disability Blog: (click for entire article)

One of the least intuitive elements of a Social Security hearing is the vocational witness testimony.  Social Security judges frequently request the presence of vocational witnesses (also known as "VE's"), independent experts who appear at your hearing to classify your past work and to answer hypothetical questions from the judge about work you might be able to do, given the limitations set out in the hypothetical question.

Vocational experts serve as the bridge between the medical evidence in your case and the work limitations would allow a judge to conclude that there is no work you can perform.

I have written before that I do not consider vocational witnesses as enemies.  They do not make up the hypothetical questions, they just answer them.  As such, I disagree with some disability lawyers who aggressively cross examine vocational witnesses to challenge their credentials or the factual basis of their assertions.  In most cases, the vocational witnesses that appear are part of a panel of experts, and both the judge and the attorney know how the VE will answer a question.  I would resort to an aggressive cross examination if the VE presents testimony that is inconsistent with what I know to be accurate.

One of my readers emailed me a question about VE's that I have not previously addressed, and I would like to answer it here.

Why are Most Disability Cases Denied?

Excerpt from My Disability Blog: (click for entire article)

If you attempt to deal with the shortened version of this question, "Why are disability cases denied?", you'll come up with a variety of answers.

In general terms, some cases may be denied because the determination has been made that a claimant can return to their past work. In other cases, a social security disability denial may be issued because while it was concluded that a claimant could not return to one of their former jobs, it was nonetheless concluded that they could, based on their age, education, work skills, and level of functional limitations, transition to some type of "other work".

In more specific terms, we can say that some cases are probably denied because a claimant's doctor failed to provide a residual functional capacity statement that might have sufficiently spelled out just how limiting a claimant's medical or mental condition is, and how their current and anticipated level of functioning rules out the ability to engage in work activity. And, in yet other cases, we can say that a disability denial may have occurred because the claimant's work history was not properly identified.

However, in this post, we're not dealing with the shortened version, but the longer version of the question which is "Why are most disability cases denied?".

Ask the Experts: How Suspending Social Security Benefits Affects Medicare

Excerpt from AARP Bulletin Today: (click for entire article)

Q. I am age 67 and collecting Social Security benefits. Can I suspend my payments until I’m age 70? What about Medicare?

A. Since you’ve reached full retirement age, you can suspend your Social Security payments and continue to earn retirement credits until age 70. If you decide to do this, you do not have to withdraw your Medicare coverage.

If you do want to withdraw your Medicare coverage when you suspend your Social Security payments, you should be aware that there are several ramifications for the various parts of Medicare: A, B, C and D.

Part A

If you withdraw from Medicare Part A coverage (hospital), you must repay all Medicare Part A benefits paid on your behalf.

If I get disability benefits, will my family or kids get benefits?

Excerpt from Disability Secrets: (click for entire article)

If I get disability benefits, will my family or kids get benefits?. Well, FMAX or family max, is all the money that is payable on an individual's record. From the FMAX amount, the disabled individual must be paid their benefit (PIA). The remainder, if there is, any will be divided amongst their dependents.

The most a dependent beneficiary can be paid is one half of the disabled individual's PIA. If there is enough money remaining on the record, all dependents will be paid a benefit equal to half the disabled individual's PIA. If there is some money but not enough to pay half the PIA amount, then the money remaining on the record will be divided equally between dependents.

Additionally, if FMAX = PIA, there will be no money payable to dependents.

Now, to answer the question with which we began a bit more plainly, if an adult is approved for disability benefits under the social security disability program, their dependents may receive benefits. However, it really depends on how much the disability claimant has paid into the system via their work activity. Remember, a person's eligibility for disability benefits is based on their work history and what they've "paid in" through fica.

Correct Steps for Filing a Social Security Disability Claim

Excerpt from My Disability Blog: (click for entire article)

I came across an article titled "Steps for filing a Social Security Disability Claim". The only thing is, it didn't really provide a list of steps for filing a claim. Instead, the article was a general description of the disability evaluation process, including the application for disability and the various appeal steps that subsequently follow if a claimants gets denied for disability and decides to appeal the decision. Those steps, by the way, are A) request for reconsideration, B) Request for hearing before an administrative law judge, C) the appeals councils, and D) federal district court.

Here's a short list of a few "thinking steps" to consider if and when the subject of filing for social security disability comes up.

1. Take consideration of any work activity you may currently be engaged in. If you are working, you can still file for disability, but only if your monthly gross earned income is below a certain dollar amount. In other words, you can only work and earn up to a certain maximum amount and still be eligible to apply for disability. If you are working and earning more than this amount, you will not be eligible to file for SSD. What is this amount? Visit this next page to learn about substantial gainful activity.

Social Security Recipients Shocked By Lower Checks

Excerpt from WSMV.com: (click for entire article)

Residents who receive a Social Security check, or know someone who does, may have been in shock this month.

The amount of those checks was substantially less than expected, leaving those on already tight budgets with some problems.

"Somebody basically stole $290 from me this month, and not telling me it was going to happen until just a week, or so, before it did," said Social Security recipient Gayla Groom.

Groom lives in Lewis County and struggles to live on Social Security disability checks. This month is even tougher because she's receiving nearly $300 less than normal, she says thanks to an error by the state of Tennessee.

"What it means to me is that I don't have any money to do any of the other things I was going to do this month, like buy groceries, buy dog food or get a hair cut. I don't have money to put gas in my car. I don't have money to get my prescription filled," said Groom.

Social Security for Wounded Warriors Webinar

Excerpt from Aging and Disability in America: (click for entire article)

Please join us on November 4 for our national webinar Social Security for Wounded Warriors. During the webinar, you can learn more about our benefit programs and the expedited processing of disability claims available to our nation's Wounded Warriors. The expedited process is used for military service members who become disabled while on active military service on or after October 1, 2001, regardless of where the disability occurs.

We welcome service members, their families and friends, and those that advocate on their behalf to participate in this seminar.