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!