The SSA will be required to restore benefits to people who were denied disability or other benefits because of one of these outstanding warrants. Moreover, those individuals who were receiving SSD benefits but who had them suspended because of an arrest warrant will have their benefits restored. The court ordered the SSA to directly contact those whose applications were denied or whose benefits were suspended solely because of an arrest warrant.
Other types of arrest warrants are not covered by this ruling, and the SSA is not required to restore or grant benefits to those with warrants other than those listed in the April 13 order.
Source: U.S. Politis Today, "Court Ruling Restores Benefits to Those with Certain Arrest Warrants," May 9, 2012.
]]>In addition, some claims examiners may be disinclined to approve mental illness claims - even the most complete application may be denied simply because of the prejudice of the examiner.
The SSA classifies covered mental illnesses into nine categories that require applicants for benefits to demonstrate in detail how the illness prevents them from working. For example, a claim for disability benefits because of a mood disorder would require the claimant to show:
This overview of the requirements understates the challenges of applying for benefits for mood disorders; there are at least 25 different criteria that can be used to demonstrate symptoms and how they affect someone's ability to work.
Because of the complexity of applying for benefits for mental illness, it is important to have a specialist who can guide you through the process. At Binder & BinderTM, the National Social Security Disability Advocates, we know how to structure claims and appeals for SSD benefits for mental illness. We understand the requirements of the Social Security Administration and use our knowledge to obtain the benefits our clients need and deserve.
Source: Social Security Online, "Disability Programs." Disability Programs
]]>Although lupus is a listed impairment, simply having a diagnosis of lupus is not an automatic qualifier for disability benefits. An applicant for SSD benefits must be able to demonstrate that the illness affects at least two body systems and must cause a minimum of two of these symptoms:
Another way that people with lupus may be eligible for SSD benefits is to show that two of these symptoms affect:
In addition to having the limitations listed above, you must be able to show how the limitations affect your ability to be independent, act appropriately and be effective.
The Social Security administration follows the American College of Rheumatology guidelines for diagnosing lupus. There are 11 possible criteria, and to be eligible for SSD, an applicant must have at least four to prove that the diagnosis was correct.
Another way that an individual may qualify for SSD is to show that the health problems caused by lupus make it impossible to work. Being unable to stand or walk for more than a few minutes, shortness of breath, headaches and other symptoms can make it very difficult to perform many jobs. The SSA may also evaluate mental and social abilities to determine whether a lack of concentration or inability to interact with co-workers could prevent an individual from working.
Meeting the SSD requirements for disability caused by lupus can be very complex, as the lists above suggest. Because of the challenges involved in demonstrating disability to the satisfaction of the Social Security Administration, having an advocate to guide you through the process can mean the difference between obtaining full benefits and being denied or receiving only partial benefits. At Binder & Binder®, the National Social Security Disability advocates, we have the experience and knowledge to help you obtain the disability benefits you need and deserve.
Source: Lupus Foundation of America website.
]]>Although all these factors contribute to the growth in SSD recipients, the most important reason for the increase is almost certainly the slow pace of the economic recovery. In bad economic times, people who were marginal employees because of their disabilities are laid off and find it impossible to obtain any other work. Their only option is SSD, and these formerly marginal workers make up a large proportion of the growing number of SSD recipients. In good times, when workers are scarce, employers may be forced to hire marginal workers because they are unable to find anyone else. But in a bad economy, employers cannot afford these employees who are less productive because of their disabilities.
Given the high volume of applicants - up 24 percent since 2008 - and the smaller staffing levels at the Social Security Administration, it is essential to have an advocate so that you do not get lost in the increasingly large backlog of applicants. At Binder & Binder®, the National Social Security Disability advocates, we help people who can no longer work because of disability or illness obtain the benefits they need and deserve.
Source: Investors.com, "5.4 Million Join Disability Rolls Under Obama," by John Merline, Apr. 22, 2012.
]]>Here are some of the things you must tell the SSA when you apply for disability benefits:
•· How the rigidity, tremor and bradykinesia of Parkinson's affects your ability to move
•· The number of extremities affected by Parkinson's
•· The work-related physical tasks that are difficult or impossible because of Parkinson's
•· The mental tasks that are difficult or impossible because of Parkinson's
You might discuss your short-term memory loss, falls because your balance is affected, lack of ability to control the movement of your extremities, inability to stand for any length of time and any other symptoms that affect your ability to work. You should also report when the symptoms first began to cause you concern about your ability to work, not when you were actually diagnosed with Parkinson's.
In addition, you will need to describe measures that you took while working to try to cope with your increasing symptoms. Did you have to miss work frequently for medical appointments or to adjust to new medications? How did your medications affect you? Are you afraid to perform some of your work duties because you fear you will fall or be unable to talk? Did you reduce your hours or even try to do another type of work?
Because of the importance of detailing precisely how Parkinson's affects your ability to work, it is important to complete your application for SSD benefits as thoroughly as possible. Having the assistance of a disability specialist from a firm such as Binder & Binder®, The National Social Security Disability Advocates, can be a huge help.
Source: Northwestern University, "A Parkinson's disease specific guide to Federal Social Security Disability (SSD) Application."
]]>Of course, these are very rough guidelines, and taxpayers should consult a tax professional to determine how their specific circumstances will affect their taxes. Other deductions or credits may offset the tax liability to some extent.
Approximately one-third of the people receiving benefits from the Social Security Administration pay taxes on those benefits. The others do not have enough income to meet the threshold for paying taxes.
A common question among people who have received their retroactive benefits as a lump sum payment is whether that payment is subject to federal income taxes. The answer is "maybe," depending on other financial considerations. However, the lump sum payment can be spread out over several years to reduce taxable income in any one year. Moreover, only a maximum of 50% of SSD benefits are taxable.
There are other tax credits and deductions available to people with disabilities. For example, if you receive disability insurance benefits from a former employer, you may be eligible for a credit if you do not exceed the income threshold requirements. If you are blind, you can also be eligible for a higher standard deduction. Again, a tax professional can advise you about your eligibility for this and other tax benefits.
Obtaining SSD benefits and dealing with taxes can be challenging. At Binder & Binder®, The National Social Security Disability Advocates, we help the disabled secure the benefits they need and deserve.
Source: Social Security Administration, Benefits Planner: Income Taxes And Your Social Security Benefits, Apr. 4, 2012.
]]>If you meet the criteria for both, you can receive both benefits. However, Supplemental Security Income (SSI) and non-service connected disability payments are reduced by each other and by other benefit programs.
]]> If you meet the criteria for both, you can receive both benefits. However, Supplemental Security Income (SSI) and non-service connected disability payments are reduced by each other and by other benefit programs.SSD Benefits
How do you know whether you are eligible? To receive SSD benefits, you must have worked a full-time job for an employer or for yourself and paid into the Social Security system through your payroll taxes (FICA). In general, you must have earned over $4,000 each year to accumulate enough credits. The amount of your benefit depends in part on how much you earned. If you were under age 31 when you became disabled, your work requirement will probably be less.
In addition to these requirements, you must meet the government's definition of disability. For example, you must be ready to document your disability and show that you expect to be unable to work for at least 12 months in a row. The best way to do this is to have all the relevant medical documents and a doctor's opinion that attests to the presence and seriousness of your disability.
VA Disability Benefits
To receive VA disability benefits, you must be a veteran of the Army, Navy, Marines, Air Force or Coast Guard, be disabled as a result of your service and have received a discharge that was not dishonorable. And, if you disagree with the VA's rating of your disability, you can file an appeal.
It sounds simple, and many people receive both SSD and VA benefits because they are unable to work. However, the path to obtaining those benefits is not always straight. For example, if the government determines that your disability was not the result of your military service, you may not be eligible for VA disability benefits. If you didn't work long enough in a civilian job, your SSD benefit may be reduced or you may be ineligible altogether. Obtaining either benefit can be time-consuming and frustrating.
That's why it is important to have an advocate who can help you navigate the system. At Binder & Binder®, The National Social Security Disability Advocates, we know how to deal with the government and its programs to ensure that clients receive all the benefits to which they are entitled because of a disability. One way we do this is by referring people who may also be eligible for veterans' disability benefits to The Rep for Vets® for help obtaining the compensation they need and deserve.
Source: Social Security Administration, "How Workers' Compensation And Other Disability Payments May Affect Your Benefits," SSA Publication No. 05-10018, January 2011, ICN 454500.
]]>Notwithstanding the scientific debate, the Social Security Administration continues to recognize the disease as a disability and pays disability benefits to individuals with a diagnosis of CFIDS. Relying on the Center for Disease Control and Prevention, the SSA has determined that people with 4 or more of a number of acknowledged CFIDS symptoms at the same time probably qualify for CFIDS, as long as another condition is not the cause of the symptoms. These symptoms include short-term memory problems, sore throat, achy muscles, sleeping problems and frequent headaches.
The SSA views disability as having a condition that can be medically determined and which renders someone unable to participate in "substantial gainful activities." Commonly, a firm medical diagnosis can help someone qualify for benefits; as more scientific debate continues, however, it may be difficult for some to obtain benefits CFIDS without the help of an advocate because of the lingering uncertainty surrounding the condition.
In order for the SSA to accept the diagnosis of CFIDS, applicants and physicians must provide detailed information. The disability specialists at Binder & Binder, The National Social Security Disability Advocates, help individuals throughout the United States obtain benefits for disabling conditions such as CFIDS. Their goal: to help those disabled by CFIDS and other illnesses obtain the benefits they need.
Source: SSA, "Social Security Ruling, SSR 99-2p.; Titles II and XVI: Evaluating
Cases Involving Chronic Fatigue Syndrome (CFIDS)," Apr. 1999.
The amounts of state assistance vary significantly. For example, the Commonwealth of Massachusetts paid $201.79 monthly to a senior couple living independently in 2009. Oklahoma paid $92.00 to an independent senior couple. Montana provides assistance to individuals living in different types of facilities, such as assisted living and 'group homes for the developmentally disabled. Georgia supplemented federal SSI by $40.oo per month for individuals living in Medicaid facilities.
Determining your options in matters relating to SSI and state-level supplements can be challenging That is why it is helpful to have the assistance of an advocate who can determine what your payment might be and fight both the state and the federal government to be sure you get what you are entitled to. The advocates at Binder & Binder®, are a national firm of disability specialists who help people get the benefits they need and deserve when they are unable to work.
Source: Workworld.org, "SSI State Supplements - Overview," Feb. 1, 2012.
]]>In contrast to Dover judges' denials, judges in nearby states have some of the lowest denial rates. For example, an administrative law judge in West Virginia has denied only two of the 1,002 cases heard in FY 2011. And the variation in denial rates is not just between different hearing offices; it can be between different judges in the same office. For example, denial rates in Valparaiso, Indiana, range from 25 percent to 60 percent.
If your appeal was denied, it is important to work with an experienced advocate who knows what to do next. Binder & Binder® is a national firm of SSD advocates dedicated to helping clients navigate the SSD maze.
Source: Social Security Online, "ALJ Disposition Data, FY 2012," Feb. 9, 2012.
]]>We hear a lot about the long waits and the initial denials that SSD applicants experience. However, a few claimants do not suffer these delays. The Social Security Administration has a fast track program, called Compassionate Allowances, to identify and process applications arising from very specific conditions and injuries.
The conditions and illnesses that qualify applicants for the Compassionate Allowances program are those that are almost always approved. It allows the SSA to target applications from those who are most seriously disabled. Generally, rare diseases, cancers, traumatic brain injury (TBI), stroke, early-onset Alzheimer's disease, dementias, schizophrenia, cardiovascular disease, recipients of multiple organ transplants and autoimmune diseases.
In the fall of 2011, new conditions were added to the Compassionate Allowances list. These are:
•§ Angelman Syndrome
•§ Lewy Body Dementia
•§ Lowe Syndrome
•§ Malignant Multiple Sclerosis
•§ Multicentric Castleman Disease
•§ Multiple System Atrophy
•§ Paraneoplastic Pemphigus
•§ Patau Syndrome (Trisomy 13)
•§ Peritoneal Mesothelioma
•§ Pleural Mesothelioma
•§ Pompe Disease - Infantile
•§ Primary Cardiac Amyloidosis
•§ Primary Central Nervous System Lymphoma
•§ Primary Effusion Lymphoma
•§ Primary Progressive Aphasia
•§ Progressive Multifocal Leukoencephalopathy
•§ Progressive Supranuclear Palsy
•§ Pulmonary Atresia
•§ Pulmonary Kaposi Sarcoma
•§ The ALS/Parkinsonism Dementia Complex
In all, 113 illnesses and conditions qualify applicants for the Compassionate Allowances program. The program was launched in 2008 with 50 qualifying conditions and illnesses; new qualifying conditions are added every year. Sometimes it only takes days to be approved for benefits, rather than the months or years often required.
Because eligibility for the Compassionate Allowances program changes frequently, it is important to consult an advocate with up-to-the-minute information on SSD matters. At Binder & Binder®, a national disability advocacy firm, our disability specialists are trained and knowledgeable about all aspects of Social Security Disability, including the Compassionate Allowances program.
Source: Social Security Online, "Compassionate Allowances," Nov. 28, 2011.
]]>In some cases, the arrears are from many years ago, and the children in question are now grown. Moreover, the debt is often interest and fees, rather than direct support for children. In such cases, the money will go to the states.
Recipients of SSD and other federal benefits will receive their benefits through direct deposit or debit cards. In either case, the states will be able to freeze 100 percent of the amount received. Attorneys and poverty advocates have noted that this change will increase the number of disabled homeless, who will face eviction because they no longer have any income.
By law, states can only take 65 percent of a benefit paid by paper check. However, they can freeze a bank account entirely, making it impossible for a SSD recipient to use the benefits received through direct deposit. Health and Human Services, the federal department that oversees the Social Security Administration, is looking into the matter. The goal behind using direct deposit for all benefits is to save the federal government the expense of sending out checks. It costs only $.10 to deposit money electronically, but $1.00 to write and mail and check.
If you are having trouble obtaining or receiving SSD benefits for any reason, a disability specialist at Binder & Binder®, a national firm of disability advocates, may be able to help.
Source: Washington Post, "Poor who owe child support could lose federal benefits," Feb. 26, 2012.
]]>After reviewing the information you provided, the Disability Determination Services office in your state will issue a decision about whether you should continue to receive benefits. If you disagree with the decision, you have the right to appeal. There are four levels of appeal. Having an advocate from a firm such as Binder & Binder ® can help you get through the appeal process.
The stages of appeal are:
Reconsideration: The reconsideration process involves a review by a panel that had no involvement in the original decision.
Hearing: You can request a hearing before an administrative law judge (ALJ).
Appeals Council: If you wish to contest the ALJ's decision, you may ask the Appeals Council to review the previous determination.
Federal court: You have the right to bring a civil action in federal court if you disagree with the Appeals Council or if it declines to hear your case.
Source: Social Security Online, "What You Need To Know: Reviewing Your Disability," Jan. 2005.
]]>Because the SSD system is so large, and because there are so many applications, individual claimants can get lost in the shuffle through no fault of their own. Following these rules and getting needed assistance when filing and appealing may tip the scales in the applicant's favor.
Source: Houston Chronicle, "Social Security Disability Appeals Reached New Record in 2011," February 7, 2012.
]]>Alex's disability benefits are not affected by his marriage because SSD is based on how many years the recipient worked and how much was paid into the system. However, SSI is a need-based program, and other income, such as that received by a spouse, will be included when calculating the amount of the benefit.
Both Alex and Trina are unable to work because of bi-polar disorder. In addition, Trina has seizures and other mental issues that make it very difficult for her to go outside. Trina says, "We probably wouldn't have gotten married," if they had known what it would cost them. Neither the Social Security Administration nor the Idaho Department of Health and Welfare would comment on the specifics of Trina and Alex's case.
Source: CDA Press, "The Cost of Marriage," By Alecia Warren, Feb. 6, 2012.
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