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!