New York Social Security Disability Blog | Binder & Binder

If You Live in Rural America, Your Chances of Relying on SSD Are Greater

2012-01-31T18:03:00Z

It turns out that if you live in a rural area, you are more likely to rely on Social Security Disability benefits. The reasons for this are complex. However, a recent article in the Kansas City Star reported that while 1 in 20 people receive SSD in Kansas City, the number increases to 1 in 8 when you get into the rural counties of southern Kansas.

]]> One of the reasons is that much of the work available in rural areas, such as farming, road work and manufacturing, requires a certain level of stamina and health. If you're disabled and cannot do these types of jobs, there isn't much else for you. "You find higher rates in counties historically reliant on extraction industries - mining, agriculture, forestry," said Tim Marema of the Center for Rural Strategies. Jobs in these industries typically require significant strength and function. And when these industries leave an area, there is often no other work, especially for a disabled individual.

Another reason is that rural areas are poorer, and poverty has been shown to increase rates of poor health and disability. Yet another cause of this phenomenon is that medical care - the kind of care that might be able to prevent illness and disability - is usually limited in rural areas. And rural areas seldom have public transportation, making it ever harder to get to the few doctors who do practice in rural areas or get to the kind of job where disability is not a problem.

Residents of rural counties are less likely to have health insurance, further limiting their ability to receive appropriate and timely medical care and increasing their risk of being unable to work. They are less likely to have high school diplomas, making them ineligible for the few doable jobs that may exist.

Whatever the causes of their disabilities, people in rural parts of Kansas and Missouri receive SSD benefits for a host of reasons, including chronic diseases such as muscular dystrophy, multiple sclerosis, back pain, heart disease, mood disorders, and work and war-related injuries.

Source: Kansas City Star, "Rural communities have strongest reliance on disability benefits", by Rick Montgomery, Jan. 29, 2012.

Increase for Recipients of SSI Benefits in 2012

2012-01-24T21:41:17Z

After two years of no increases in the benefit amount for recipients of Supplemental Security Income (SSI), the government announced last fall that individuals receiving that benefit would see a cost of living increase. The increase took effect in the last days of December 2011.

]]> The increase - 3.6 percent -- will affect the more than eight million people currently receiving SSI benefits. SSI is a federal program for the blind and disabled, as well as seniors who are ineligible for regular Social Security benefits for the elderly. Children who are blind or disabled may also be eligible to receive SSI benefits.

After the increase, the maximum amount available through the SSI program in 2012 is $698 for an individual and $1,048 for a couple. However, some states will add money to this amount and it may be possible to receive a higher benefit, depending on where the recipient lives.

The increased benefit amount is a cost of living adjustment (COLA) and is determined by the third quarter increase in the Consumer Price Index (CPI) over that of the previous third quarter. The preliminary amount of the benefit increase was announced in October after the CPI had been calculated.

Source: Social Security Administration Press Office, Social Security Announces 3.6 Percent Benefit Increase for 2012, Oct, 19, 2012.

Unemployment Benefits: How They Can Affect a Claim for Social Security Disability Benefits

2012-01-10T19:17:15Z

Applying for and receiving unemployment benefits can pose a problem, especially if you have a claim for Social Security Disability (SSD) or Supplemental Security Income (SSI). By applying for both sets of benefits, you are making two statements that are rather contradictory. First, by applying for and receiving unemployment benefits, you are claiming that you are able to work, but you are unable to find employment. By then applying for Social Security Disability or Supplemental Security Insurance benefits, you would be indicating that you are unable to perform any type of work as a result of a disability that has lasted, or is expected to last, at least twelve-months. Indicating that you are both able to work and unable to work simultaneously. Because these two statements contradict one another, it can lead to problems of credibility with regards to your disability. More specifically, if you indicate to one government agency that you can work, and then indicate to another that you cannot, an Administrative Law Judge may find your testimony regarding your claimed disability to be less credible.

The good news, however, can be found in a memo that was issued on August 9, 2010. Therein, Frank A. Cristaudo, former Chief Administrative Law Judge, provided a reminder to all Administrative Law Judges that stated, "Receipt of unemployment benefits does not preclude the receipt of Social Security disability benefits. The receipt of unemployment benefits is only one of many factors that must be considered in determining whether the claimant is disabled." So, what does this mean? Well, simply put, it means that while applying for and receiving unemployment benefits does not automatically preclude you from receiving SSD or SSI benefits, it will be one of the many factors and Administrative Law Judge will take into consideration when determining if you qualify to receive said benefits.

SSA Trying to Reduce Number of People Who Die While Waiting for Benefits

2012-01-05T12:03:00Z

Terminally ill SSD applicants have been caught in the backlog of Social Security Applications and many have have died while waiting for a decision on their appeals. The SSA has a special code for applications in this category: DXDI.

Since 2005, the SSA has coded 15,043 files as DXDI, which means that an appeal was dismissed because the applicant died while waiting for benefits. The stories about applicants who died while waiting are surreal and tragic; one is the story of Dexter E. Penny of District Heights, Maryland.

]]> In September, 2010, Dexter Penny was dying in the hospital; his colon cancer had progressed to stage four. The SSA had contacted him to get more information about his ability to work. He died in December, 2010. On the day of his funeral, he was notified that he had been granted benefits. He received another letter on January 31 revoking those benefits because he had not responded to the previous letter.

Because of stories like this, the SSA has developed a program that lets people suffering from terminal illness go to the front of the line. Moreover, the SSA has increased the number of diseases - now 113 -- that qualify applicants for immediate review. These now include leukemia and pancreatic cancer. Because of changes such as these, the number of people who died while waiting has decreased from its high in 2009.

Source: Wall Street Journal, "Growing Case Backlog Leaves the Terminally Ill Waiting", by Damian Paletta and Dionne Searcey, Dec, 28, 2012.

A New Year

2012-01-03T16:51:49Z

Last year brought a lot of new and interesting discussions to our blogs (here and here). We offered a plethora of information to help our clients through the Social Security Disability process, and we plan to continue to do so! But, before we get a jump start on this New Year-let's look back on some of the important topics from last year.

Electronic Social Security Disability Checks-Last May, we blogged about the end of an era. At that time, we mentioned that (in less than two years!) the Social Security Administration was no longer going to be issuing disability payments in the form of paper checks. In an attempt to cut costs, the SSA will soon be switching over to fully-electronic direct deposits for disability payments. The upside to electronic payments still remains...Electronic payments will almost guarantee that one's payment cannot be misplaced, sent to the wrong address, ruined in the rain, or eaten by the dog!

The threat of a possible Governmental Shutdown lead to a discussion about Governmental Budget Woes...Again-These types of blogs are never our favorite to write; there is nothing appealing about being the bearer of bad news! But, we were happy to report that they government did not, in fact, shut down. The 'budget woes,' on the other hand, are still an issue. We want to reassure our clients that, regardless of any outside factors-governmental, or otherwise, we will continue to operate as normal. At Binder & Binder®, it's business as usual, and we're going to continue working hard for our clients regardless of what happens.

Social Security Disability Case Stages-We know how long and difficult the Social Security Disability process can be. We took the time to break down the process, explain each stage in the game, and provide estimated time frames for the stages according to information from the Social Security Administration. The Social Security Disability Process, when broken down into the individual stages, consists of the Initial Application, Reconsideration, Hearing, and Appeals Council. Using the highest averaged amount of time per stage, the SSA averaged that some claims can take over 3 years before a final decision is rendered.

Most recently, we blogged about future changes to the Social Security Administration that were In The News-Due to recent controversy over a number of speculated flaws with the system, the SSA indicated they were going to commission an independent review of the system. With any luck, the review of the system would take a deeper look at the extreme inconsistency in benefit award rates that exist from one Administrative Law Judge to the next. Recommendations for improvement as a result of the review are expect to be available sometime this year.

The New Year is bound to bring new updates, new blogs, and new stories from us-be sure to check in often to stay up-to-date!

SSD Mental Illness Categories

2011-12-27T21:03:00Z

A son's mental illness and his receipt of Social Security Disability (SSD) benefits may have become a tool in the political wars. Arizona governor Jan Brewer has said that her son was targeted by political opponents in an effort to discredit her.

]]> The case highlights the ways that mental illness continues to be stigmatized. At issue in the case of Ronald Brewer, who has been hospitalized since 1990 after being found not guilty of sexual assault by reason of insanity, is whether he is entitled to receive SSD benefits. There is conflicting information about the status of the case. However, it shows society's ambivalence toward SSD benefits for people with mental and emotional illnesses.

However, if a person suffering from a mental illness meets SSD requirements, he or she is eligible for benefits. A wide range of mental illnesses qualify people for disability payments, as listed on the Social Security Administration's "Bluebook":

Organic mental disorders
Schizophrenic, paranoid and other psychotic disorders
Affective disorders
Mental retardation
Anxiety-related disorders
Somatoform disorders
Personality disorders
Substance addiction disorders
Autistic and pervasive developmental disorders

Within these nine mental illness categories are many other specific conditions and syndromes. Proving that you indeed suffer from a recognized mental illness or illnesses can be challenging. An advocate can help you prepare your case and speed the process along. Having experienced assistance can also improve your chances of success.

Source: Bloomberg Businessweek, "Leaks of probe involving ill son troubles Brewer", by Paul Davenport, Dec. 8, 2011.

Questions About Social Security Disability

2011-12-26T15:03:00Z

The Seattle Times recently published a Social Security Q & A that answered common questions about Social Security Administration (SSA) programs. Here are a few of the questions they answered:

Q. Will Supplemental Security Income (SSI) payments be reduced if I work?

A. In many cases, your SSI benefit will be reduced if you work. And if you earn over the threshold amount ($1,433 per month in 2011), your benefits will stop.

]]> Q. Can my children receive SSI benefits if I am getting them?

A. No. SSI benefits are for individuals rather than families. Disabled children may be eligible for SSI - but for themselves rather than because a parent receives benefits.

Q. Who pays for SSI?

A. Everyone who works pays for Social Security with each pay check. In addition, employers also pay. In both cases, the payment is known as the FICA (Federal Insurance Contributions Act) tax.

A. How do I prove I am disabled?

Q. This can be complicated. The Social Security Administration has a manual called the blue book that lists the conditions - known as impairments - that will automatically qualify someone for SSD or SSI benefits. In addition, if you can demonstrate that your condition - even if it is not listed - prevents you from working, you may qualify for benefits.

The SSD and SSI application processes can be challenging, and people applying usually have many more questions than the few answered here. Many applicants benefit from having a knowledgeable advocate to guide them through the process.

Source: Seattle Times, Social Security Q & A, Dec. 8, 2011.

In The News

2011-12-20T20:03:53Z

Recent announcements regarding the Social Security Administration (SSA) have indicated that an independent review of the system is set to take place soon. Without doubt, there has been a great deal of speculation in the past with regards to numerous presumed flaws in the federal disability program-and the proposed study will undertake a review of approximately 1,500 Administrative Law Judges (ALJs) with various award-rating backgrounds (or rather, ALJs with award rates ranging from extremely high to extremely low). Of the numerous presumed flaws in the SSA's disability program, the extreme inconsistency in benefit award rates that exist from one ALJ to the next has been a top headline for some time. Recommendations for improvement of the system are predicted to be available next year.

Additionally, the Social Security Administration has indicated that, beginning this week, they will no longer be notifying applicants and representatives which ALJ has been assigned to hear their case. Past speculation has indicated that some applicants and their representative have made attempts to change the ALJ assigned to their case in an effort to have their case wind up in the hands of the more compassionate and benefit-awarding judges.

The results of the study and the outcomes remain to be seen, but we plan to keep you up-to-date with any and all future developments.

Understanding Supplemental Security Income and Your Resources

2011-12-14T18:26:15Z

Supplemental Security Income (SSI) pays monthly cash benefits to people who are age 65 or older, those who are blind or those who have a disability and who do not own much or have a lot of income. The standard of disability is the same as with Social Security Disability (SSD). However, to qualify for Supplemental Security Income, a financial need threshold must also be met. SSI kicks in for the disabled when they do not qualify for SSD or the amount of SSD they will receive puts them below the financial standard.

When evaluating whether or not you qualify for SSI, the Social Security Administration looks at your resources. Resources, for instance, can be items such as cash; bank accounts, stocks, and U.S. savings bonds; land; life insurance; personal property; and anything else you own which could be changed to cash and used for food or shelter. In order to qualify to receive SSI, in addition to meeting the disability requirements, your countable resources must not be worth more than $2,000 for an individual or $3,000 for a couple. It is the total value of your resources that, when combined, are one of the factors that determine your eligibility for benefits.

Not all resources count for SSI, however. For instance, the Social Security Administration does not count the following: the home you live in and the land it is on; household goods and personal effects (for example, your wedding and engagement rings); burial spaces for you or your immediate family, as well as burial funds for you and your spouse, each valued at $1,500 or less; and one vehicle, regardless of value, if it is used for transportation for you or a member of your household--just to name a few.

One thing to keep in mind is the possibility of a future transfer of resources. Transferring a resource involves either giving it away or selling it. For example, an individual may, under their current circumstances, qualify for SSI benefits. However, a decision to transfer a resource may result in the ineligibility for SSI for up to 36 months. The length of time you would be ineligible for SSI is dependent upon the value of the resource that was transferred. Conversely, if the value of a resource that was transferred does not bring the total of your countable resources over the $2,000 limit for an individual or $3,000 limit for a couple, your eligibility would remain intact.

As always, we recognize that the circumstances are different for each of our clients, and we will do our best to make you aware of the process along the way. While we cannot change the Social Security Administrations requirements, we are always available to answer any questions our clients may have!

Location, Location, Location...

2011-12-09T20:44:29Z

We've all heard that location plays a big role in certain things such as real estate. But, did you know if can play a role in your Social Security Disability process, too? A recent article depicted the scene of a small rural town in Virginia that had a rate of more than one out of four working aged adults (ages 15 to 64) receiving Social Security Disability payments.

While the small town in Virginia carried a disability rate of over 25%, the average drops considerably just a short distance over in Washington D.C., where only 3.2% of the working age population is noted to be receiving Social Security Disability. A map, depicted below, shows the staggering difference throughout the United States.

Although the figures from one city to the next may be surprising, the explanation may not. The rural cities that happen to have the largest concentration of disability payments happen to be the cities where occupations require manual labor, such as mining and timbering. Urban areas, such as Washington D.C., where occupations tend to be less physically demanding and result in less disabling injuries.

Baby Boomers Playing a Role in the Social Security Disability Applicant Increase

2011-12-05T16:32:08Z

In our last blog, we talked about the weak economy and unemployment rate and its effect on the rising number Social Security Disability claims. So, it may not come as much of a surprise to learn that there are numerous other factors at play in the lengthy process many individuals are a part of right now. Age, for instance, is playing a larger role than it has in the past. More specifically, the Baby Boomers are hitting the system...and they're making an impact.

According to Patti Patterson, Social Security Administration regional communications director, "Baby boomers reaching their disability-prone years [and the economic downturn] have contributed to the increase in applications." Despite strict requirements regarding disability requirements, the number of applicants has continued to rise in recent years. In fact, according to administration statistics, the number of applicants has risen nearly 30 percent in five years.

The figures, provided by the Social Security Administration, speak for themselves. In Fiscal Year 2006, over 2,500,000 individuals applied for Social Security Disability benefits, with just over 35 percent of applicants being awarded at the initial application level. Just five years later, in Fiscal Year 2011, the number of applicants had risen to just over 3,200,000. The rise in applicants did not coincide with a rise in the number of individuals whose applications were approved at the initial level, as that number dropped nearly 2 percent.

Despite the substantial growth, the average wait time for initial claims is slightly less, albeit by only 5 days, than it was 5 years ago. The Social Security Administration continues to revisit their plan to eliminate their hearing backlog, which provides hope for the individuals who find themselves still in the middle of the disability process. In the meantime, we continue to work hard for our clients to ensure that their cases are as strong as possible at every given stage.

A Rise in Social Security Disability Claims: What This Means For You

2011-11-16T18:08:45Z

We've previously blogged about the estimated waiting times for the different stages in a Social Security Disability claim. A recent rise in the number of Social Security Disability claims is partially to blame for the lengthy waiting time. But, what's to blame for the recent rise? Claims for Social Security Disability Insurance in the U.S. have risen in the last three years, and some say the weak economy is a major reason.

Nationwide, the number of initial disability claims rose from about 2.6 million in the 2008 fiscal year to 3.16 million in the 2011 fiscal year. Filing for disability might now offer the best option for individuals who, in better times, would continue working, or continue looking for work. In better economic times, individuals who might have qualified for Social Security disability might have chosen to work despite health problems because job income often pays far better.

In the last three years, however, with unemployment rising, some individuals who lost their jobs may have viewed the insurance program as a potential financial backstop. Disabled individuals, who might have sought out alternative employment opportunities despite their health problems, are finding fewer options available for them in the workforce. The increase in applications that have stemmed from the rising unemployment rate have had an undoubted effect on the Social Security Disability claim process. Despite any new hurdles that may present themselves as a result, we want our clients to know that we will continue to take over the burden of making the benefits process work for them.

Veterans and Social Security Disability

2011-11-11T21:22:09Z

If a worker becomes disabled before reaching retirement age, he or she may be eligible for Social Security disability benefits. This includes our veterans. Each year on today's date, we observe Veterans Day and honor the men and women who have served in our nation's Armed Forces. And we think it is important that they know just what benefits they can count on from Social Security.

Like most working Americans, all current military personnel pay Social Security taxes and earn Social Security coverage. Earnings for active duty military service or active duty training have been covered under Social Security since 1957. Also, earnings for inactive duty service in the reserves have had Social Security coverage since 1988. By paying Social Security taxes and earning coverage, veterans may be eligible Social Security Disability benefits in addition to any benefits they may be eligible for through the Veterans Administration.

In addition to regular military pay, Social Security adds special earnings credits to an individual's Social Security record when he or she serves in the military. The extra earnings are for periods of active duty or active duty training. If, for example, a person served in the military between 1957 and 1977, he or she has been credited with $300 in additional earnings for each calendar quarter in which active duty basic pay was earned. These extra earnings may help someone qualify for Social Security or increase the amount of the Social Security benefit.

We would like to thank all of the veterans who have served in our nation's Armed Forces!

Preparing For a Hearing

2011-11-09T18:14:30Z

Your Social Security Disability hearing is one of the most important moments in the entire disability process. As a client, it's the first time you are able to provide testimony in support of your claim. And while it may be one of the most important moments in the disability process, it can also be one of the most nerve-racking moments as well.

Our Advocates are trained to help you through this process. For one Binder & Binder® Advocate in particular, Mariam Sanni-Adigun from our Dallas, Texas office, preparation for a hearing is a very thorough process. As a former prosecutor, Mariam hates surprises. And, to avoid any such surprises, she makes sure to review each and every medical exhibit, page by page, taking detailed notes. Not only does she spend a lot of time preparing personally for each hearing, she spends a lot of time preparing the clients she represents. In addition to contacting clients in advance of their hearing, Mariam explains the process of the hearing to her clients. She runs them through a "mock hearing," or rather, poses the same questions to them prior to their hearing that she plans to ask at the hearing itself. This tactic, as Mariam says "puts clients at ease at the hearings." She also requests that her clients arrive 30 minutes prior to their scheduled hearing time, as it allows for additional review and last minute questions.

Our Advocates all have their own special hearing preparation techniques, but there is one common goal--and that it to ensure that our clients are as successful as possible when they finally reach their hearing!

What Should I Do Now?

2011-11-04T15:35:36Z

By Stacey Laskin, an Advocate from the Chicago Binder & Binder® office

It can be a bit anti-climatic, but often, the only thing to do after a hearing has ended is wait. If I need you to gather an opinion from your doctor or track down recent medical records, I will let you know what your homework assignment is.

Our office will usually call you after your hearing to find out if you've seen any new doctors or returned to ones we previously contacted.

Sometimes, the Social Security Administration will contact you after a hearing and before a decision is issued. You may be asked to verify information about your finances, confirm your contact information, or provide further information, such as a doctor's name or tax information. Sometimes, a judge will send you to an additional medical examination after a hearing. If this happens, it's important that you attend the examination. Failure to do so could result in denial of your claim, which would be a shame after making it so far in the daunting process.

The longer you wait, the more questions you may develop. I should be able to answer any questions you have while you are waiting for a decision. I'm always happy to check on the status of a decision for a client, confirm receipt of medical records, or just listen.

Just remember me when it comes time to buy that chocolate cake.