In The News

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

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…

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

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

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

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

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?

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.

Why Did the Expert Say I Can Work?

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

A vocational expert testifies at many hearings. This person’s job is to be an expert on doing jobs. Some of them provide vocational counseling or rehabilitation outside of the hearing room. Others are professors who study the social science of employment.

They usually will classify your past work according to the standards used by Social Security. Then, the judge and your representative will pose hypothetical limitations based on your medical records, your doctors’ opinions, findings made by Social Security adjudicators, and your testimony. Some of these descriptions might include a hypothetical healthy you, a hypothetical you at a point when you were more able than you are now, or a hypothetical you based on one particular doctor’s findings.

It’s important not to take any one part of the expert’s testimony too seriously. I will have the opportunity to address all of the expert’s responses afterward. The judge also has the option of paying little attention to the testimony. Any questions you have about what the expert said can be addressed after the hearing—don’t interrupt the expert during his or her testimony!

In The News

On Thursday, 11 people were charged in a fraud scheme—a scheme that involved hundreds of Long Island Rail Road (LIRR) Workers. The LIRR Workers involved in the scheme are being accused of falsely having claimed a multitude of disabling injuries that have allowed them to collect tens of thousands of dollars from their pension funds, in addition to disability payments. Included in the group of individuals charged were two doctors. A sampling of hundreds of claims that were approved by the two doctors revealed that over $100 million dollars, if not much more, had been paid out to LIRR workers whose disabilities were either fabricated or exaggerated.

While there is a separate federal disability and retirement fund for railroad workers, the fund mirrors that of the Social Security Administration’s in many ways. It’s unfortunate that instances of fraud, even as enormous as the LIRR Workers scheme, are not uncommon. But what is also unfortunate is the impact that fraudulent claims, whether they occur through a single individual or as part of a larger scheme, have on disability funds.

When an individual fabricates or exaggerates a disability and has their claim awarded benefits, they are drawing monies from the disability fund. The benefits awarded to fraudulent claims are subsequently no longer available to help individuals with legitimate disabilities. In an attempt to control fraudulent claims, the Social Security Administration participates in Continuing Disability Reviews to weed out those who are not or are no longer disabled. In 2008, Continuing Disability Reviews were expected to eventually cut benefits to 33,000 people who were not disabled or were no longer in need, but continuing to collect benefits fraudulently. The reviews in that year alone were estimated to yield a savings of $3.3 billion dollars that would have been spent in future benefits.

But fraudulent claims have more than just a monetary effect on the system. They can make the process of obtaining Social Security Benefits more difficult, as they lead way to increased skepticism. Individuals with legitimate claims may run into amplified pressure to provide more information in support of their disability—a task that can often be difficult on its own.

At Binder &BinderÒ, we fight for our clients because we understand what they are going through — how it can be difficult to make ends meet when you cannot work and how many people worry about keeping food on the table and roofs over their heads. But, we also know how of negative an impact a fraudulent claim can of have on the Social Security Disability fund. We want our current clients and future clients to know that we diligently screen our potential cases to help cut down on fraudulent claims. 

Did I Say the Wrong Thing?

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

If you say something in your hearing that is not supportive of disability, I’ll probably let you know. But I’ll also tell you what options we have now that the record reflects that you spend your afternoons deep sea diving or dirt bike racing.

Most likely, whatever you said was not “wrong.” You testified about your story, and whatever your story is, it’s not wrong as long as it’s true.

But, if you lie to the judge, the judge will know. The judge has access to a great number of official and unofficial records about your life. If you tell one lie, whether it be about your weight, your medical conditions, your embarrassing past, or your entangled love affairs, the judge can use that slip to unravel your claim by finding that you are not a believable witness. It’s not worth it.

COLA Increased for the First Time since 2009

 The Social Security Administration announced a 3.6 percent Cost-of-Living Adjustment (COLA) today. This adjustment, the first cost-of-living increase since 2009, is set to begin in January 2012. Since 1975, Social Security's general benefit increases have been based on increases in the cost of living, as measured by the Consumer Price Index.

The latest COLA will have an affect on Social Security retirement benefits. The COLA will also have an affect on those receiving Supplement Security Income (SSI)  benefits, as payment levels will also increase by 3.6 percent effective for payments made for January 2012. Because the normal SSI payment date is the first of the month and January 1 is a holiday, the SSI payments for January are always made at the end of the previous December.

The monthly maximum Federal amounts for 2012 are $698 for an eligible individual, $1,048 for an eligible individual with an eligible spouse, and $350 for an essential person. The chart below (via the SSA) provided a detailed looked at the increase in SSI amounts.

Don't Ever Give Up.

If you're disabled and you can't work anymore, call Binder & Binder® at 1-800-66-BINDER or contact us online for a free initial consultation. Don't ever give up.

When Will I Find Out If I’ve Won?

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

If your hearing is one of the many that ends with some uncertainty, your next question will be some variation of, “How long?”

The answer is that I don’t know how long. I really don’t. For the most part, it’s completely outside my control. However, some judges are known for quick turn-around in just a few weeks and others have a reputation for dragging their feet for months. I can let you know about my experience with your judge and what you might expect.

Your judge will probably take your file after the hearing and stick it in a pile. Some time in the future, he or she may look at your file again and propose a decision. Then a staff attorney might review the file. The attorney and the judge may discuss the proposed decision. That decision could change several times throughout the course of their research. Eventually, the staff attorney will write up your decision and then give it to the judge for review and editing. Once the decision is completed, the Social Security Administration will mail a copy to both you and me.

Top Five Questions Clients Ask After a Hearing

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

Stacey Laskin is an Advocate from Binder & Binder®, and is a graduate of The Ohio State University Moritz School of Law. Although she is stationed out of the Binder & Binder® Chicago office, she travels frequently to meet clients for hearings in Michigan, Ohio, North Dakota, Nebraska, and Wisconsin.

You’ve spent restless nights playing out the exchange. The judge is a kindly woman in a black robe, she smiles, and she asks you, “What’s wrong?” You both cry together, and then she hands you a check, which you use to pay off your mortgage and buy a celebratory chocolate cake.

Then you wake up to spend another day worrying about why Dr. So Busy won’t answer the phone and whether you should wear new shoes to your hearing. The entire process is exhausting. And this is why, after your hearing, you’ll inevitably still have questions.

These are the ones I’m most commonly asked:

Did I Win? Social Security judges, experts and representatives speak in jargon. We use abbreviations, numbers, regulations and rule citations to talk about the experiences you live. As a result, it can be difficult to determine exactly what happened at a hearing.

Occasionally, a judge will issue an official decision at a hearing. Other times, a judge will only give an indication as to what his or her decision may be. More often than not, the hearing ends with some ambiguity.

Even when the judge explicitly states that he or she has issued a decision on-the-record, many clients don’t realize they’ve won benefits until afterward, when I’ve shaken their hands and expressed my congratulations.

This proves there really is no such thing as a stupid question. I should be able to help decipher the “harrumphs” and the code words.

How to Get the Respect You Deserve From the Legal System

By Charles Binder

Times are changing. The federal courts are beginning to believe that CFIDS can be disabling. But for those of us who care about people who suffer from chronic fatigue and immune dysfunction syndrome (CFIDS), we still have a long way to go.

            I gave a talk a few years ago at a gathering of lawyers who practice Social Security Disability law. In my address, I proposed several re-tape-cutting systems that would greatly speed up the process for dismissing obviously wild claims.

            An Administrative Law Judge came up to me after my talk and told me he liked my proposals. With one exception: “Don’t send me any of those chronic fatigue or fibromyalgia cases,” he said.

            If you have CFIDS, getting the respect you deserve from the government’s legal system means you have to first convince your doctor you’re disabled. Then your doctor has to help you and your attorney convince the government.

            Here are five ways you can help your own case:
1. Find a doctor who is specifically familiar with your disorder and is well-respected in the medical profession.

            The degree of respect your doctor’s testimony gets at a hearing is often directly related to his or her expertise with your particular problem, and his or her standing in the medical community.

            The Social Security Administration (SSA) routinely calls doctors to testify as “impartial” witnesses to explain unusual disorders to the Administrative Law Judges. Most of these doctors seem to feel their role is really to justify denying claims.

            In order to properly refute their testimony, it helps your attorney if your doctor’s qualifications concerning your specific disorder are as good as, or better than, the government’s doctor.

2. Be a model patient.

            Keep records of doctor visits. Keep a daily log of symptoms. When you describe fluctuations accurately, your testimony becomes more believable. Keep written notes on low-grade fevers, variable muscle aches and pains in the joints. It makes you a better patient for your doctor and a better witness for your attorney.

3. Ask your physician to make their reports in a simple and straightforward form.

            Reports that look “slick” or “faddish” create credibility problems. Chiropractors frequently use fancy, color stationery that pictures the spinal cord. Often judges think the author of a report presened like that is somehow not serious enough.

            Judges are lawyers. And lawyers tend to be stuffy. Their perception is that a really distinguished doctor, like a professor of medicine at a major teaching hospital, is not likely to use such stationery. Perception counts in winning your case.

4. Avoid self-serving doctors.

            One of my favorite CFIDS clients was seeing a physician who was attentive and a good listener. That’s good. My client felt she was doing better under his care. That’s also good. Unforuntately, his reports always seem to mention how much better she is doing that when under another doctor’s care. That’s not good. It severely weakens the impact of his reports. To an experienced Administrative Law Judge, his reports lack credibility.

5. Always maintain your own self respect.

            I think I understand how difficult that must been when you are suffering from CFIDS. But you can never expect to get respect from other people, let alone from the government and the legal system, if you don’t respect yourself.

Administrative Law Judges in the Social Security system are trained to follow acceptable medical proof of disability. As the medical profession more readily accepts CFIDS as a disabling disorder, the Social Security system and the courts in general will follow.

Times are changing. For the better. You can helpp the times change a little faster for yourself and for everyone who must deal with CFIDS by following these five simple rules.

            

What Qualifies as a Disability?

Many people want to know if their illness or impairment qualifies as a disability. In almost every case, no matter what the disease or impairment is, the answer is the same - "Maybe.” A more in-depth answer would indicate that it really depends upon how badly an individual is affected by the disease or impairment. Let’s take cancer, for example. There are many cancers that can be treated and cured very quickly, often resulting in little or no lasting effect. In the same aspect, however, there are many forms of cancers that result in great suffering and possibly even death. The question in each individual case is "How sick is this particular individual with cancer and how long is this person going to remain sick?" Headaches are another example. The vast majority of headaches, while troublesome and annoying, would not be considered to be disabling. On the other hand, there are some individuals that suffer from daily headaches and migraines, which can be disabling. So, while a common headache, which is not rare, may not be disabling, an extreme case of constant headaches and migraine can be considered disabling. The fact that an individual has a disease with a certain name does not guarantee that the individual either will or will not be found disabled. It all depends upon how sick the individual is.

Keep in mind that Social Security is supposed to consider the combination of impairments that an individual suffers when determining disability. Many of our clients have more than one health problem and it is the combination of their health problems that lead to their disability. It is important to also keep in mind that an individual has to have been disabled for at least a year or be expected to be disabled for at least a year or have a condition that can be expected to result in death within a year for their condition to be considered a disability, and their disability to be awarded. Essentially, an individual may apply for Social Security Disability or Supplemental Security Income benefits the day their disability begins—they needn’t wait an entire year before doing so, so long as the disability can be expected to last at least a year.  If you have any questions or concerns, feel free to leave us a comment and let us know!

Facebook and Social Media’s Affect on a Social Security Disability Claim

We’ve all heard the stories about the young, fresh out of college, job hunters who have lost their chance at a dream job after a potential employer stumbled across their very public, very telling Facebook or MySpace page. But, what affect does social media have on the rest of us? And, more importantly, is it possible for it to have an impact on your Social Security Disability claim?

Most of you reading this blog right now have access to a social media account; we link it directly on our Facebook and Twitter pages! Up until now, there hasn’t been much on the radar with regards to social media accounts and Social Security Disability claim—but, that doesn’t mean things won’t change in the near future. As our society grows and develops, social networks like Facebook and Twitter are beginning to play a larger role not only for personal use, but also for businesses and government use too (even Social Security has their own Twitter!). There’s certainly no law that requires the Social Security Administration to check and see if an individual has a Facebook page, or to see what they may have posted on their page, but that doesn’t mean it hasn’t happened before—or, that it won’t happen in the future.

Unfortunately, information posted on social networking sites can become public information. Please keep in mind that any information posted on social networking sites can be admitted into evidence. If you have any questions or concerns, feel free to leave a comment and let us know!

Auxiliary Benefits for Social Security Disability Claims

When a disabled individual receives Social Security Disability insurance benefits, their spouse or minor children may also be eligible to receive Social Security benefits. These benefits paid to the spouse or minor child are called “auxiliary benefits.” According to the Social Security Administration, “Auxiliary benefits” are additional monthly benefits. These benefits may be payable to other family members on an individual’s earnings record if they are entitled to disabled worker's benefits. They are payable to their family members even when an individual is not receiving benefits because of imprisonment, like we mentioned yesterday.

Whether a spouse or children receive Social Security benefits depends on which Social Security benefits the spouse or parent is receiving. Although there are two kinds of Social Security disability benefits: Social Security Disability (SSD) and Supplemental Security Income (SSI), only Social Security Disability Insurance has auxiliary benefits. This means an individual must be receiving SSD for their spouse or children to receive auxiliary benefits. Please keep in mind, if an individual is receiving SSI, they are the only person who can receive benefits because there are no auxiliary benefits for SSI.

To receive auxiliary benefits, an individual’s spouse must be under age 62 and be the joint caregiver of their children under age 16. For children to qualify for auxiliary benefits, they must be: a dependent, under age 18, and unmarried. Dependent children who are legally adopted are also eligible; for instance, children for whom an individual required to provide child support. Additionally, a disabled adult is considered dependent if they became disabled before the age of 22.

If you’re a client and have any questions or concerns regarding your spouses or children’s ability to receive auxiliary benefits, please do not hesitate to let us know!

Incarceration and its Affect on a Social Security Disability Claim

Last week, we discussed how an individual’s past relevant work, and their past in general, can have an affect on their Social Security Disability claim. In keeping with the same topic, we’ll discuss what happens to an individual’s Social Security Disability claim or their disability benefits when they are convicted of a felony offense and sentenced to a time of incarceration.

According to the Social Security Administration, the purpose of disability and medical care to those persons who suffer economic hardship produced by the inability to earn a subsistence level of wages. Prisoners, however, are not subject to identical economic hardships and do not need a continuing source of income because their basic needs are already furnished at public expense. Under Section 404.468 of the Code of Regulations, “No monthly benefits will be paid to any individual for any month any part of which the individual is confined in a jail, prison, or other penal institution or correctional facility for conviction of a felony.”

Essentially, an individual has applied for Social Security Disability benefits that have a past conviction and incarceration on their record is not eligible to receive any back-benefits for the time period in which they were incarcerated. Alternatively, if an individual receiving disability benefits commits and is later convicted of a felony offense, any disability payments they were receiving at the time of their incarceration will stop until such a time as the individual is released.

Both Social Security Disability and Supplemental Security Income payments are subject to termination if an individual is convicted of a felony offense and as a result is sentenced to a period of incarceration. However, in SSD cases, auxiliary benefits, paid to eligible family members- will continue even if the individual is not receiving benefits at the time because of the individual’s felony conviction and imprisonment.

The Social Security Administration will accept an application for disability benefits from an individual who is incarcerated. The process and the outcome, however, vary from the norm. If you’re a client and have any questions or concerns regarding incarceration and its affect on your Social Security Disability claim, please feel free to leave a comment and let us know!

Your Past and its Affect on Your Social Security Disability Claim

Social Security Disability claims are confusing in their own right. When you start to factor in all of the additional aspects that play a role in the decision making process, it has the tendency to become even more confusing. Like we discussed in yesterday’s blog, something as simple as your work history and the exertional level of a job can have an affect on the decision of a Social Security Disability claim. But, that is just one of many factors that may come into play.

The majority of individuals that apply for Social Security Disability are unemployed. More often than not, their unemployment is, more or less, forced as a result of their inability to continue their previous work as a result of their disability. Unfortunately for some, even without a disability, obtaining employment is difficult due to issues from their past. For instance, some individuals with criminal records may have a more difficult time securing employment than others. While this criminal record may have an affect on obtaining employment, it does not necessarily have an impact on a favorable Social Security Disability claim outcome.

With regards to issues of hire-ability, the Social Security Administration does not consider whether or not a company would hire an individual. What they do consider, however, is an individual’s ability to work.  This applies not only to individuals with criminal records that have difficulty finding employment, but it also applies to all individuals that have difficulty finding employment due to the constraints of the recent economic state. 

An individual’s past work is extremely relevant when it comes to determining their disability. As we discussed in a much earlier blog, one of the five steps in the disability determination process is to determine whether or not an individual applying for disability is capable of completing their past work. For instance, if an individual has past relevant work that would be classified as medium, yet an Administrative Law Judge finds them to retain a light or sedentary functional capacity, it would indicate that the individual, although not necessarily capable of completing their former job, would be capable of completing other jobs at lower exertional levels.

To determine the physical exertion requirements of work in the national economy, the Social Security Administration classifies jobs in five different categories: sedentary, light, medium, heavy, and very heavy. These terms have the same meaning as they have in the Dictionary of Occupational Titles, published by the Department of Labor. In making disability determinations under this subpart, the Social Security Administration uses the following definitions:

(a) Sedentary work. Sedentary work involves lifting no more than 10 pounds at a time and occasionally lifting or carrying articles like docket files, ledgers, and small tools. Although a sedentary job is defined as one which involves sitting, a certain amount of walking and standing is often necessary in carrying out job duties. Jobs are sedentary if walking and standing are required occasionally and other sedentary criteria are met.

(b) Light work. Light work involves lifting no more than 20 pounds at a time with frequent lifting or carrying of objects weighing up to 10 pounds. Even though the weight lifted may be very little, a job is in this category when it requires a good deal of walking or standing, or when it involves sitting most of the time with some pushing and pulling of arm or leg controls. To be considered capable of performing a full or wide range of light work, you must have the ability to do substantially all of these activities. If someone can do light work, the SSA determines that he or she can also do sedentary work, unless there are additional limiting factors such as loss of fine dexterity or inability to sit for long periods of time.

(c) Medium work. Medium work involves lifting no more than 50 pounds at a time with frequent lifting or carrying of objects weighing up to 25 pounds. If someone can do medium work, the SSA determines that he or she can also do sedentary and light work.

(d) Heavy work. Heavy work involves lifting no more than 100 pounds at a time with frequent lifting or carrying of objects weighing up to 50 pounds. If someone can do heavy work, the SSA determines that he or she can also do medium, light, and sedentary work.

(e) Very heavy work. Very heavy work involves lifting objects weighing more than 100 pounds at a time with frequent lifting or carrying of objects weighing 50 pounds or more. If someone can do very heavy work, the SSA determines that he or she can also do heavy, medium, light and sedentary work.

If you’re a client, you’ve probably had us ask for a list of your past work. You’ve also had us ask for a supporting opinion for a treating doctor—we promise, there is a method to the madness! One of the most important things to be able to present as evidence in a disability claim is an individuals residual functional capacity—or, rather, what an individual is capable of doing (i.e. how much can they lift? How long can they sit, stand, or walk?) as a result of their disability. This information is compared against the information provided regarding an individual’s past work to determine what jobs, if any, they are capable of performing. If you have any questions or concerns regarding your past work and its affect on your Social Security Disability claim, feel free to leave a comment and let us know!

Appeals Deadlines for Social Security Disability Claims

We’ve discussed what happens after one has received a Fully Favorable Notice of Decision, so we’ll touch base on what happens after an Unfavorable Notice of Decision has been received. For those who have received an Unfavorable decision after their hearing before an Administrative Law Judge, there is always the option to appeal the decision…but, the most important thing to keep in mind is that there is a time limit to do so. The Social Security Administration has set forth a 60-day deadline for appeals; this deadline applies to all decisions regardless of their stage in the disability process.

Generally, you have 60 days after you receive your Notice of Decision to ask for any type of appeal. According to the Social Security Administration, the following applies:

• In counting the 60 days, the Social Security Administration will presume that you receive the notice five days after they’ve mailed it unless you can show that you received it later.
• If you do not appeal on time, the Appeals Council may dismiss your appeal. This means that you may not be eligible for the next step in the appeal process and that you may also lose your right to any further review.
• You must have a good reason if you wait more than 60 days to request an appeal.  If you file an appeal after the deadline, you must explain the reason you are late and request that the Social Security Administration extend the time limit. The people in the Social Security office can explain further and help you file a written request to extend the time limit. The Appeals Council will consider your request and decide whether to extend the time limit.

There are rare cases (for instance, some claims that have been remanded) that only have 30 days in which to appeal, as opposed to the above-noted typical deadline. Unfavorable decisions should be read carefully and in a timely manner to ensure that the appropriate amount of time is allotted for any further action needed.

If you’re a client and have received an Unfavorable Notice of Decision, please do not be discouraged. All decisions are closely reviewed by our advocates, and we are more than happy to provide a detailed explanation of the Administrative Law Judge’s decision.

You’ve Won Your Claim—What Now?

When a client receives their Notice of Decision indicating they’ve been awarded a Fully Favorable decision on their Social Security Disability claim, the most common question that gets asked is: “What’s next?” or “When will my payments begin?” At this point, we let our clients know that they should be expecting one more key piece of information for the Social Security Administration, and that’s their Notice of Award.

The Notice of Award is packed with valuable information, and—much like everything else related to a Social Security Disability claim—doesn’t have a specific timeline for when it will arrive. Within the Notice of Award, an individual can often locate specific information such as the amount of money they will receive with regards to back payment (if applicable), the amount they can expect to receive with regard to monthly payments, and a rough estimate of when these payments should begin.

For some individuals, a trip to a local Social Security office is a must; often times the Social Security Administration needs additional information in order to process payments. If you’re concerned that your benefits are taking too long to arrive, it’s always a safe bet to give your local

office a call or stop by for a visit.

We’ve had clients receive their Notice of Award before they’ve even received their Notice of Decision. And some have even woken up to find a sizable deposit in their checking account without warning from the Social Security Administration! If you a client and have received your decision and have any questions or concerns about your award, please feel free to give us a call!

Receiving a Decision after a Social Security Disability Hearing

Your time has finally come: you’ve received a scheduled date, time, and location for a hearing before an Administrative Law Judge for your Social Security Disability claim. And, of course, the Administrative Law Judge’s decision is the most important part of the puzzle now.

You may wonder how long it will take to receive a decision following your hearing. Much like the discussions we’ve had about other SSD related topics, there is no easy or definitive answer; the wait time will be different for many individuals. Some individuals may have an ALJ offer a decision at the time of their hearing; others may leave not knowing the outcome. But, the common factor between the two is that everyone must wait for a written decision to arrive to know for sure what the ALJ’s decision is.

The wait time for receiving a decision after a Social Security Disability hearing can differ for many reasons. For instances, some ALJ’s prefer to write their own decisions. This can be a time consuming process, as the written decisions are very detailed and provide specific details from medical records and testimony. Other ALJ’s prefer to have their decisions written by “decision writers.” Once a decision has been written, it is often reviewed and edits are made before it can be sent out. This process can take as little as a few weeks, or up to a few months (possibly longer).

If you’re a client and are still awaiting your decision, feel free to give us a call and let us know! We’ll deal with the government; you have enough to worry about. We’d be happy to call your local Social Security office to check on the status of your decision on your behalf. 

Unlisted Impairments

We’ve blogged about Compassionate Allowances and the Medical Listing of Impairments before. Both share a very important role: they offer expedited avenues for individuals with severe impairments who meet specific requirement to receive their benefits as quickly as possible.

The Medical Listing of Impairments includes 14 different subgroups that classify specific impairments for each of the major body systems that the Social Security Administration considers to be severe enough to prevent an individual from doing any gainful activity, regardless of his or her age, education, or past work experience. Some individuals will, without a doubt, “meet” a Medical Listing. Some individuals, on the other hand, may “equal” a Medical Listing. This means that, although they do not specifically meet the requirements, the severity of their impairment is equal to that of an individual who does meet the requirements.

As always, we’re constantly on the look out for ways to help our clients. While the Compassionate Allowance and Medical Listing of Impairments are wonderful tools, they are not all inclusive. The Social Security Administration recently released a Program Operating Manual System (POMS) update regarding the finding of a disability based on the Listing of Impairments. Within the update, an example is used to explain an “unlisted impairment.” This example compares an individual with chronic migraine headaches to the requirements of Medical Listing 11.03 (a Listing for non-convulsive Epilepsy).

At current time, a Medical Listing of Impairment for migraine headaches does not exist—but, that doesn’t mean they aren’t disabling. At Binder and Binder®, we know that headache sufferers may endure recurring headaches, migraines and cluster headaches, and these can keep them from working, spending time with their kids, and functioning normally in the world. We’re constantly on the lookout for ways to help our clients when it comes to proving their disability. 

Can Returning to School Affect a Social Security Disability Claim?

When it comes to issues regarding a Social Security Disability claim and what one should or should not do, or what steps one should or should not take, it’s increasingly difficult to offer an answer that would apply to everyone. Social Security Disability claims are, without a doubt, not a ‘one-size-fits-all’ situation. The subject of returning to school (i.e. college, trade school, or a certification program) is one we hear often, but also one that applies differently to different individuals in different situations.

When investigating a disability claim, the Social Security Administration is trying to understand whether or not an individual is capable of working. The main issues an individual applying for Social Security Disability or Supplemental Security Income benefits would run into are two-fold: 1.) Would an alleged disability interfere with an individual’s ability to attend classes, and

2.) Would a course-load, or class work, be similar in time requirements and exertion as a full-time job?

For example, if an individual suffers from a social anxiety disorder, the Social Security Administration might wonder how they would be able to interact, in a social manner, with peers in a classroom—especially if they are unable to do so in a work environment. The alternative view to this example, however, are certain accommodations an individual may have, or take, in order to avoid situations that would trigger their disability, such as online courses that do not require direct interaction with classmates.

Often times, course schedules have the ability to command a great deal of time and attention, especially if an individual is attending classes full-time. The amount of time spent not only in class, but also in any additional labs, study sessions, and work required outside of the course, has the potential to add up. In the end, attending school may appear as time consuming and as difficult as participating in gainful employment. On the other hand, not every individual returns to school full-time. And, not all full-time students carry schedules that are as physically or mentally taxing as full-time employment.

The best thing one can do in this situation is to be aware that it may raise additional questions. Additionally, documentation for any special accommodations will only prove to be helpful in the end. If you’re a client and you have any questions or concerns about returning to school and its impact on your claim, feel free to let us know!

New Hours for the Social Security Administration

Effective August 15, 2011, Social Security field offices nationwide will close to the public 30 minutes early each day.  For example, a local Social Security office that is usually open to the public Monday through Friday from 9 a.m. to 4 p.m. will close daily at 3:30 p.m. The new hours will provide cost-cutting measures for the local offices.
“While agency employees will continue to work their regular hours, this shorter public window will allow us to complete face-to-face service with the visiting public without incurring the cost of overtime for our employees,” said Michael J. Astrue, Commissioner of Social Security.  “Congress provided our agency with nearly $1 billion less than the President requested for our budget this fiscal year, which makes it impossible for us to provide the amount of overtime needed to handle service to the public as we have in the past.”  

Luckily, most Social Security Services do not require a visit to an actual office, as most can be done either online or over the phone. And, as our clients know: We’ll deal with the government; you have enough to worry about!

If you have any questions or concerns regarding the new hours for the Social Security field offices, feel free to leave a message and let us know!

Vocational Experts at the Hearing Level

For those who have already experienced a Social Security Disability hearing, you may have an understanding of what a Vocational Expert (VE) is, and the role they play at a hearing. For those who have been informed that a VE will be present at your hearing, or—for those who would just like to understand the process a bit more—we thought we would take a minute to blog about VEs at the hearing level.

According to the Social Security Administration, the basic function of the VE “is to provide definitive guidance in the adjudication of cases which require consideration of the vocational factors of age, education, training and work experience.” So, what exactly does this mean? Well, for nearly half a century, the SSA has been aided in their decision making process by the consultation of VEs, also known as Vocational Consultants. The VEs gather their information from different sources, including the Dictionary of Occupational Titles (a tool which uses thousands of occupational definitions to match job seekers to jobs), and use said information, in addition to personal information provided about an individual, to provide an ALJ with information regarding an individual’s ability (or inability) to work. Administrative Law Judges rely upon the experts to provide information regarding an individual’s ability to perform:

1.)    Their past work—any job an individual may have held in the fifteen years prior to their disability, and

2.)    Any other jobs that exist in substantial numbers in the national economy.

Most often, an ALJ will pose hypothetical situations to a VE in order to determine what jobs, if any, an individual may be able to do. In doing so, the ALJ is attempting to determine whether or not an individual applying for disability retains the ability to continue working. If a VE provides information that indicates an individual can either continue to perform their past work, or other professions available in the national economy, this would presumably mean they would not be disabled. Alternatively, the information provided to the VE may indicate that an individual cannot perform their past work or any other work. Different hypothetical situations may be based off of limitations provided by doctors following Consultative Examinations, or reports from an individuals own treating physician. An individual’s advocate will often, time permitting, pose their own hypothetical situations to the VEs, as well. While the VEs provide information to the ALJ to aid in their decision making process, the ultimate decision of disability is decided by the ALJ.

If you’re a client and have any questions or concerns regarding Vocational Experts and their impact on a Social Security Disability hearing, please feel free to leave a comment and let us know!

Social Security Disability Case Stages

We’ve mentioned on our Facebook page before just how long and overwhelming the disability process can be from start to finish. But, rather than continuing to reiterate that fact, we thought we’d give you a detailed breakdown of the different stages, and an approximation of time that it might take for each one.

The first stage is the Initial Application. Every individual applying for disability must complete an initial application. There is a great deal of paperwork required in this stage. And, much like we’ve mentioned before, the Social Security Administration indicates that it’s necessary to have a doctor verify that the individual applying has a disabling condition that will last for at least 12 months, if not longer. The decision is made by the Disability Determination Services and can take as little as three months to receive. The average wait time, however, ranges from four to six months—and less than 40 percent of all applications are approved at this stage.

The second stage is Reconsideration. For the individuals whose claims were denied at the initial application stage, there is a 60-day deadline to appeal the decision. Once a decision has been appealed, the review of an individual’s claim begins all over again. This review can take an additional three to five months before a decision is issued. When a decision has been reached, the individual applying for disability will receive a detailed letter explaining how the Social Security Administration came to their decision. At this stage, less than 20 percent of claims are approved.

The third stage is Hearing. If an individual’s claim is denied at the reconsideration level, there is another 60-day window to appeal the decision. This stage moves a claim from the claims processors at The Social Security Administration and on to an Administrative Law Judge (ALJ). At this stage, much like the others, it is incredibly important to ensure that all medical evidence pertaining to an individual’s claim has been submitted to the SSA. It is the medical evidence, in addition to an individual’s testimony, that an ALJ will use to render a decision. While this stage is accompanied by the longest wait time (an average of 426 days, or14-months), it is also accompanied by the highest award rate. Over 60 percent of applicants are awarded their benefits at this stage.

The fourth stage is Appeals Council. Although the hearing stage boasts the highest numbers in regards to approved claims, not every claim will be victorious. For the claims that receive an unfavorable outcome, there is another 60-day window to appeal the decision. At this stage, the Appeals Council will review the ALJ’s decision to determine if it was rendered in accordance with the law. The SSA indicates the wait time at this stage averages at just under a year.

Using the highest averaged amount of time per stage, some claims can take over 3 years before a final decision is rendered. Unfortunately, those are just the averages—which means, some individuals will not have to wait nearly as long…and some might have to wait even longer. The current backlog, which we’ve mentioned in past blog posts, has increased recent wait times. As always, we encourage out clients to reach out to their state Senators and Representatives and let them know about the things (such as their Social Security Disability claims) that so clearly affect their lives. If you’re a client and have any questions or concerns about the different disability claim stages, or about contacting your state Senators and Representatives, please leave a comment and we’ll be happy to provide an answer!

**All wait times are averages based upon past-year(s) figures from the Social Security Administration. More information is available HERE**

Income Tax Scam Alert

The Earned Income Credit (EIC) has great intensions (as most tax credits do!). Its original intention was to help working individuals who are in a lower tax bracket but not making enough money to make ends meet. Before we dig deeper here, we must acknowledge that a tax credit is not the same thing as a tax deduction; a tax credit is simply cash.

But, if there is no “earned income,” there is no way to receive the tax credit. Unfortunately, a number of individuals attempted to skirt around the requirement to show “earned income” on tax returns. In their desire to be able to participate in the tax credit, many tax preparers took to creating the correct amount of income their clients would need to collect the maximum EIC. They would show that their clients were self-employed and earning just the right amount of income to receive an EIC.

The problem with this scam however, is that it can cost our clients their Social Security benefits. In order to prove an individual’s disability, Binder and BinderÒ must prove to the government that our clients are unable to work. However, if a tax preparer has created a job in order to get their client a tax credit, they are essentially telling the government that their client is able to work. While it may provide a short-term benefit, the end result makes individuals unqualified to receive Social Security Disability payments.

The figures below show the possible EIC some individuals were eligible for the previous tax season. The amounts, while decent and most definitely needed by the majority of us in this economy, often do not compare to the amount an individual can receive through their disability, especially when back payments are factored into the equation. We want to make sure you are all aware of the potential dangers of this tax scam. If you’re a client and have any questions or concerns about the income tax credit scan, just leave a message in the comment section and we’ll do our best to answer it for you!

For the 2010 tax year, the EIC breakdown is listed below.  Earned Income and adjusted gross income (AGI) must each have been less than:

·      $43,352 ($48,362 married filing jointly) with three or more qualifying children

·      $40,363 ($45,373 married filing jointly) with two qualifying children

·      $35,535 ($40,545 married filing jointly) with one qualifying child

·      $13,460 ($18,470 married filing jointly) with no qualifying children

·      Tax Year 2010 maximum credit:

·      $5,666 with three or more qualifying children

·      $5,036 with two qualifying children

·      $3,050 with one qualifying child

·      $457 with no qualifying children

Unearned Income Does Not Affect SSD Benefits

Many people are under the impression that if they have any outside income (through investments, part-time work, home or auto sales, etc.) they will lose their SSDI payments. As a whole, this is a misconception. As we’ve discussed before, he Social Security Administration is responsible for two major programs that provide benefits based on disability: Social Security Disability (SSD) and Supplemental Security Income (SSI). SSD is based on prior work under Social Security and SSI payments are made on the basis of financial need.

Social Security Disability is financed with Social Security taxes paid by workers, employers, and self-employed persons. To be eligible for a Social Security benefit, the worker must earn sufficient credits based on taxable work to be "insured" for Social Security purposes. Disability benefits are payable to blind or disabled workers, widow(er)s, or adults disabled since childhood, who are otherwise eligible. The amount of the monthly disability benefit is based on the Social Security earnings record of the insured worker.

For SSD, there are limits on earnings, but no limits on unearned income. So, investments, pensions (with the exception of a public disability benefit such as workers' compensation) and other financial assets will generally not affect the monthly SSDI benefit. If you are a client and unsure as to whether your assets, investments, or other forms of income will affect your current or future SSD payments, feel free to leave a message and we’ll do our best to help you out!

More Disability Reviews on the Horizon

The details of the deficit-reduction deal are starting to surface, as are the details regarding its impact on the Social Security Administration. Perhaps one of the most notable details that has surfaced as a result of the deficit-reduction deal’s spending caps is that they contain an exemption for the SSA that may allow for an increase in the number of reviews of current SSD and SSI benefit recipients and their continued eligibility.


As we discussed in a previous blog post, most individuals do not have a timeline for how long they are able to receive benefits once their benefits have been granted. When it comes to continued payments, if your medical condition does not improve, your disability payments do not stop, regardless of the type of impairment. The Social Security Administration, however, has the right to review cases at intervals to assure that the individuals receiving disability payments are still, in fact, disabled. If an individual's disability improves and they are able to return to substantial gainful employment, there would no longer be a need for disability payments.


According to a recent news article, “The deficit-reduction measure doesn't appropriate money for more reviews, but it would allow Congress to allocate funds for them without being limited by the bill's spending caps.” With all of the recent budget confines in recent years, the Social Security Administration has not conducted as many reviews as it once did. At current time, the SSA has a backlog of almost a million and a half cases that are due for review. The increase in reviews has the potential to save the Social Security Administration a considerable amount of money, which will undoubtedly benefit those who are currently awaiting approval of their benefits.


While the there is certainly a need for oversight, the continuing disability review process has the potential to be the source of tremendous anxiety for those who rely on their Social Security Disability benefit to make ends meet. As we noted above, if your medical condition does not improve, your disability payments will not stop just because your case is chosen to be reviewed. If you’re a client and have any questions or concerns about continuing disability reviews, feel free to contact us!

Improving Your Odds of Receiving Social Security Disability Benefits

We released a new article titled "Improving Your Odds of Receiving Social Security Disability Benefits." The article explains why the wait for Social Security Disability (SSD) can be so long, and what applicants can do to speed up the process.

"We understand that many people who cannot work and who are waiting to receive Social Security Disability benefits have a very difficult time making ends meet," said Mario Davila, Managing Director of Binder & Binder®. "We know that people feel physically, emotionally and financially victimized by their illnesses, as well as by the Social Security Administration (SSA). With this article we want to send a clear message to our clients: Don't ever give up on your Social Security Disability claim."

Hiring a Social Security Disability advocate to help file an SSD claim from the very beginning can significantly improve chances of receiving an approval for SSD benefits, but most applicants will still have to wait at least three to four months just for their claim to be initially processed by the SSA. During this time, it's important for applicants to keep their medical records up-to-date, and return any forms the SSA sends as soon as possible.

"Because of the financial hardships most people encounter while waiting for SSD, many have to move around during the process," said Davila. "So it's important to always update the SSA with your current address as well."

By doing things "Better and Nicer," the Social Security Disability advocates at Binder & Binder® give client concerns top priority, and make sure they are given the attention they deserve.

Read more: http://www.binderandbinder.com/In-The-News/Improving-Your-Odds-of-Receiving-Social-Security-Disability-Benefits.shtml

New Social Security Regulation in Effect

On July 28, 2011, the Social Security Administration announced, and made effective, a new ruling, S.S.R. 11-1p, listing the procedures for handling requests to file subsequent applications for disability benefits. Prior to the new regulation, subsequent disability claims were permitted to be filed under the same title and same type already pending in their administrative review process.

Previously, for example, if an individual was in the process of appealing an Unfavorable decision, they were permitted to file a subsequent application for the same disability that the decision was ruled upon. However, the previous process resulted not only in an increase in subsequent disability claims, but also conflict in decisions, as well as improper payments, increased administrative costs, and unnecessary workloads stemming from duplication.

The new regulation, already in effect, has disallowed the ability to have two claims for the same type of benefits pending at the same time. If an individual is interested in filing a new disability claim under the same title and same type of disability as a claim that they already have pending at any level of administrative review, they will need to choose between pursuing the claim that is already being reviewed or declining to pursue further review in lieu of filing a new application.

The ruling explains, “If you decide to pursue your administrative review rights on the pending disability claim, we will not accept your subsequent application for benefits under the same title and for the same type of benefit as the pending claim. Although we will not accept your subsequent application while your prior disability claim is pending administrative review, you can still provide us with evidence that is relevant to your pending claim, in accordance with our existing regulations and procedures. Our technological improvements, such as Electronic Records Express and electronic alerts and messages, enable our offices to communicate with one another faster and more efficiently and act on additional evidence promptly. If the additional evidence indicates a critical or dire need situation, we will act expeditiously.”

If you’re a client, and have any questions or concerns regarding the new Social Security Regulation, feel free to give us a call!

The 21st Anniversary of the ADA

Tuesday, July 26^th, marked the 21^st Anniversary of the ADA—the Americans with Disabilities Act. The ADA was a landmark civil rights law that was enacted in 1990 by President George H.W. Bush to prohibit discrimination based on disability. According to the ADA, disability is defined as “a physical or mental impairment that substantially limits a major life activity.”  The ADA provides individuals with disabilities an equal opportunity by granting access not only to buildings, but technology and programs as well.

The ADA has played a major role in both local and national events, not only since its implementation, but in the last year alone. Many local areas continue to put the ADA to good use as they move forward with continuing improvements allowing more accessibility. 

From a federal point of view, the Obama Administration reaffirmed their commitment to serving all residents with disabilities. In an executive order issued by President Obama On July 25, 2010, federal agencies have been instructed to take adequate steps in order to increase the number of disabled persons that they employ. The order stated that an additional 100,000 disabled Americans need to be hired over the next five years. The order was originally mandated in a July 2000 executive order from former President Clinton. President Obama justified the plan, stating that “As the nation’s largest employer, the federal government must become a model for the employment of individuals with disabilities. Executive departments and agencies must improve their efforts to employ workers with disabilities through increased recruitment, hiring and retention of these individuals.”

Approximately 54 million Americans have a disability. Through the implementation of this order, President Obama aims to remove the stigma attached to disabled workers and to encourage disabled Americans to actively aspire to be a part of the federal workforce.