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!