We hear a lot about the long waits and the initial denials that Social Security Disability applicants experience. However, a few claimants do not suffer these delays. The Social Security Administration has a fast track program, called Compassionate Allowances, to identify and process SSD applications arising from very specific conditions and injuries.
Information About the Compassionate Allowances Program
We hear a lot about the long waits and the initial denials that SSD applicants experience. However, a few claimants do not suffer these delays. The Social Security Administration has a fast track program, called Compassionate Allowances, to identify and process applications arising from very specific conditions and injuries.
The conditions and illnesses that qualify applicants for the Compassionate Allowances program are those that are almost always approved. It allows the SSA to target applications from those who are most seriously disabled. Generally, rare diseases, cancers, traumatic brain injury (TBI), stroke, early-onset Alzheimer's disease, dementias, schizophrenia, cardiovascular disease, recipients of multiple organ transplants and autoimmune diseases.
In the fall of 2011, new conditions were added to the Compassionate Allowances list. These are:
• Angelman Syndrome
• Lewy Body Dementia
• Lowe Syndrome
• Malignant Multiple Sclerosis
• Multicentric Castleman Disease
• Multiple System Atrophy
• Paraneoplastic Pemphigus
• Patau Syndrome (Trisomy 13)
• Peritoneal Mesothelioma
• Pleural Mesothelioma
• Pompe Disease - Infantile
• Primary Cardiac Amyloidosis
• Primary Central Nervous System Lymphoma
• Primary Effusion Lymphoma
• Primary Progressive Aphasia
• Progressive Multifocal Leukoencephalopathy
• Progressive Supranuclear Palsy
• Pulmonary Atresia
• Pulmonary Kaposi Sarcoma
• The ALS/Parkinsonism Dementia Complex
In all, 113 illnesses and conditions qualify applicants for the Compassionate Allowances program. The program was launched in 2008 with 50 qualifying conditions and illnesses; new qualifying conditions are added every year. Sometimes it only takes days to be approved for benefits, rather than the months or years often required.
Because eligibility for the Compassionate Allowances program changes frequently, it is important to consult an advocate with up-to-the-minute information on SSD matters. At Binder & Binder®, a national disability advocacy firm, our disability specialists are trained and knowledgeable about all aspects of Social Security Disability, including the Compassionate Allowances program.
Source: Social Security Online, "Compassionate Allowances," Nov. 28, 2011.
Thursday, March 15, 2012
If You Owe Child Support, Your Disability Benefits May Be at Risk
A change in government policy will permit states to take 100 percent of SSD benefits when back child support is owed. Previously, states could seize only 65 percent from parents, primarily men, who owed child support and elected to receive those benefits by paper check.
The change could render as many as 275,000 recipients of SSD benefits destitute and homeless. The change came as a result of the Treasury Department's decision that it would pay all benefits electronically. This includes Social Security Disability benefits, veteran's benefits, and benefits paid to retired workers.
In some cases, the arrears are from many years ago, and the children in question are now grown. Moreover, the debt is often interest and fees, rather than direct support for children. In such cases, the money will go to the states.
Recipients of SSD and other federal benefits will receive their benefits through direct deposit or debit cards. In either case, the states will be able to freeze 100 percent of the amount received. Attorneys and poverty advocates have noted that this change will increase the number of disabled homeless, who will face eviction because they no longer have any income.
By law, states can only take 65 percent of a benefit paid by paper check. However, they can freeze a bank account entirely, making it impossible for a SSD recipient to use the benefits received through direct deposit. Health and Human Services, the federal department that oversees the Social Security Administration, is looking into the matter. The goal behind using direct deposit for all benefits is to save the federal government the expense of sending out checks. It costs only $.10 to deposit money electronically, but $1.00 to write and mail and check.
If you are having trouble obtaining or receiving SSD benefits for any reason, a disability specialist at Binder & Binder®, a national firm of disability advocates, may be able to help.
Source: Washington Post, "Poor who owe child support could lose federal benefits," Feb. 26, 2012.
The change could render as many as 275,000 recipients of SSD benefits destitute and homeless. The change came as a result of the Treasury Department's decision that it would pay all benefits electronically. This includes Social Security Disability benefits, veteran's benefits, and benefits paid to retired workers.
In some cases, the arrears are from many years ago, and the children in question are now grown. Moreover, the debt is often interest and fees, rather than direct support for children. In such cases, the money will go to the states.
Recipients of SSD and other federal benefits will receive their benefits through direct deposit or debit cards. In either case, the states will be able to freeze 100 percent of the amount received. Attorneys and poverty advocates have noted that this change will increase the number of disabled homeless, who will face eviction because they no longer have any income.
By law, states can only take 65 percent of a benefit paid by paper check. However, they can freeze a bank account entirely, making it impossible for a SSD recipient to use the benefits received through direct deposit. Health and Human Services, the federal department that oversees the Social Security Administration, is looking into the matter. The goal behind using direct deposit for all benefits is to save the federal government the expense of sending out checks. It costs only $.10 to deposit money electronically, but $1.00 to write and mail and check.
If you are having trouble obtaining or receiving SSD benefits for any reason, a disability specialist at Binder & Binder®, a national firm of disability advocates, may be able to help.
Source: Washington Post, "Poor who owe child support could lose federal benefits," Feb. 26, 2012.
The Disability Review Process
If you are receiving Social Security Disability (SSD) benefits, the Social Security Administration (SSA) will review your medical condition periodically to determine whether you still need those benefits. How frequently this occurs depends on the disability for which you receive benefits. If your disability is expected to become less severe, the first review will take place from six to 18 months after you became disabled. Otherwise, your case will be reviewed every three years if some improvement is expected, or every seven years if you are believed to be permanently disabled.
During the review, you will provide documentation about your medical treatment during the period since your last review or decision. This means doctors' names and contact information, and hospitalization information. If you worked at any time during the time you were receiving disability benefits, you will need to provide employment information, including documentation of your income from employment.
After reviewing the information you provided, the Disability Determination Services office in your state will issue a decision about whether you should continue to receive benefits. If you disagree with the decision, you have the right to appeal. There are four levels of appeal. Having an advocate from a firm such as Binder & Binder ® can help you get through the appeal process.
The stages of appeal are:
Reconsideration: The reconsideration process involves a review by a panel that had no involvement in the original decision.
Hearing: You can request a hearing before an administrative law judge (ALJ).
Appeals Council: If you wish to contest the ALJ's decision, you may ask the Appeals Council to review the previous determination.
Federal court: You have the right to bring a civil action in federal court if you disagree with the Appeals Council or if it declines to hear your case.
Source: Social Security Online, "What You Need To Know: Reviewing Your Disability," Jan. 2005.
During the review, you will provide documentation about your medical treatment during the period since your last review or decision. This means doctors' names and contact information, and hospitalization information. If you worked at any time during the time you were receiving disability benefits, you will need to provide employment information, including documentation of your income from employment.
After reviewing the information you provided, the Disability Determination Services office in your state will issue a decision about whether you should continue to receive benefits. If you disagree with the decision, you have the right to appeal. There are four levels of appeal. Having an advocate from a firm such as Binder & Binder ® can help you get through the appeal process.
The stages of appeal are:
Reconsideration: The reconsideration process involves a review by a panel that had no involvement in the original decision.
Hearing: You can request a hearing before an administrative law judge (ALJ).
Appeals Council: If you wish to contest the ALJ's decision, you may ask the Appeals Council to review the previous determination.
Federal court: You have the right to bring a civil action in federal court if you disagree with the Appeals Council or if it declines to hear your case.
Source: Social Security Online, "What You Need To Know: Reviewing Your Disability," Jan. 2005.
Don't Give Up - Get Help With an SSD Appeal
If you had to appeal a negative Social Security Disability (SSD) decision, you are not alone. The Social Security Administration (SSA) reported that 2011 saw the highest number of SSD appeals. In 2011, the SSA received 859, 514 hearing requests, or appeals, and completed around 3.4 million disability claims.
More than have of those claims -at least 1.7 million -- were initially denied. If you do the math, you'll see that around half of the people who were denied actually took the next step and appealed the negative decision.
Applicants who enlist the help of an advocate such as Binder & Binder stand a better chance of succeeding on appeal. Applicants can also give themselves other advantages. Some tips:
Source: Houston Chronicle, "Social Security Disability Appeals Reached New Record in 2011," February 7, 2012.
More than have of those claims -at least 1.7 million -- were initially denied. If you do the math, you'll see that around half of the people who were denied actually took the next step and appealed the negative decision.
Applicants who enlist the help of an advocate such as Binder & Binder stand a better chance of succeeding on appeal. Applicants can also give themselves other advantages. Some tips:
- Don't give up. File an appeal.
- Show up for appointments and meet deadlines.
- Provide complete information and updates.
- Don't waste time trying to correct the initial claim.
- Don't minimize the extent of your disability. Don't be proud.
- Get help. Around 75 percent of claimants who appeal have professional assistance.
Source: Houston Chronicle, "Social Security Disability Appeals Reached New Record in 2011," February 7, 2012.
Getting Married Could Cut SSI Benefits
An Idaho couple has learned the hard way that getting married might have been a bad idea, at least financially. They knew that they wouldn't be living a lavish life style - Trina was receiving SSI benefits, Alex was receiving SSD benefits, and both received food stamps. And before they got married in May, 2011, they checked with their local Social Security office to learn whether their benefits would be affected by marriage.
They were told that the consequences of getting married would be minimal - maybe five or ten dollars. However, the reality was quite different. A month after their wedding, Trina received a letter informing her that her benefit was going to be cut from $674 a month to $369. In addition, the couple was told in January that their food stamps were going to be cut from $400 a month to $275.
Alex's disability benefits are not affected by his marriage because SSD is based on how many years the recipient worked and how much was paid into the system. However, SSI is a need-based program, and other income, such as that received by a spouse, will be included when calculating the amount of the benefit.
Both Alex and Trina are unable to work because of bi-polar disorder. In addition, Trina has seizures and other mental issues that make it very difficult for her to go outside. Trina says, "We probably wouldn't have gotten married," if they had known what it would cost them. Neither the Social Security Administration nor the Idaho Department of Health and Welfare would comment on the specifics of Trina and Alex's case.
Source: CDA Press, "The Cost of Marriage," By Alecia Warren, Feb. 6, 2012.
They were told that the consequences of getting married would be minimal - maybe five or ten dollars. However, the reality was quite different. A month after their wedding, Trina received a letter informing her that her benefit was going to be cut from $674 a month to $369. In addition, the couple was told in January that their food stamps were going to be cut from $400 a month to $275.
Alex's disability benefits are not affected by his marriage because SSD is based on how many years the recipient worked and how much was paid into the system. However, SSI is a need-based program, and other income, such as that received by a spouse, will be included when calculating the amount of the benefit.
Both Alex and Trina are unable to work because of bi-polar disorder. In addition, Trina has seizures and other mental issues that make it very difficult for her to go outside. Trina says, "We probably wouldn't have gotten married," if they had known what it would cost them. Neither the Social Security Administration nor the Idaho Department of Health and Welfare would comment on the specifics of Trina and Alex's case.
Source: CDA Press, "The Cost of Marriage," By Alecia Warren, Feb. 6, 2012.
If You Live in Rural America, Your Chances of Relying on SSD Are Greater
It turns out that if you live in a rural area, you are more likely to rely on Social Security Disability benefits. The reasons for this are complex. However, a recent article in the Kansas City Star reported that while 1 in 20 people receive SSD in Kansas City, the number increases to 1 in 8 when you get into the rural counties of southern Kansas.
One of the reasons is that much of the work available in rural areas, such as farming, road work and manufacturing, requires a certain level of stamina and health. If you're disabled and cannot do these types of jobs, there isn't much else for you. "You find higher rates in counties historically reliant on extraction industries - mining, agriculture, forestry," said Tim Marema of the Center for Rural Strategies. Jobs in these industries typically require significant strength and function. And when these industries leave an area, there is often no other work, especially for a disabled individual.
Another reason is that rural areas are poorer, and poverty has been shown to increase rates of poor health and disability. Yet another cause of this phenomenon is that medical care - the kind of care that might be able to prevent illness and disability - is usually limited in rural areas. And rural areas seldom have public transportation, making it ever harder to get to the few doctors who do practice in rural areas or get to the kind of job where disability is not a problem.
Residents of rural counties are less likely to have health insurance, further limiting their ability to receive appropriate and timely medical care and increasing their risk of being unable to work. They are less likely to have high school diplomas, making them ineligible for the few doable jobs that may exist.
Whatever the causes of their disabilities, people in rural parts of Kansas and Missouri receive SSD benefits for a host of reasons, including chronic diseases such as muscular dystrophy, multiple sclerosis, back pain, heart disease, mood disorders, and work and war-related injuries.
Source: Kansas City Star, "Rural communities have strongest reliance on disability benefits", by Rick Montgomery, Jan. 29, 2012.
One of the reasons is that much of the work available in rural areas, such as farming, road work and manufacturing, requires a certain level of stamina and health. If you're disabled and cannot do these types of jobs, there isn't much else for you. "You find higher rates in counties historically reliant on extraction industries - mining, agriculture, forestry," said Tim Marema of the Center for Rural Strategies. Jobs in these industries typically require significant strength and function. And when these industries leave an area, there is often no other work, especially for a disabled individual.
Another reason is that rural areas are poorer, and poverty has been shown to increase rates of poor health and disability. Yet another cause of this phenomenon is that medical care - the kind of care that might be able to prevent illness and disability - is usually limited in rural areas. And rural areas seldom have public transportation, making it ever harder to get to the few doctors who do practice in rural areas or get to the kind of job where disability is not a problem.
Residents of rural counties are less likely to have health insurance, further limiting their ability to receive appropriate and timely medical care and increasing their risk of being unable to work. They are less likely to have high school diplomas, making them ineligible for the few doable jobs that may exist.
Whatever the causes of their disabilities, people in rural parts of Kansas and Missouri receive SSD benefits for a host of reasons, including chronic diseases such as muscular dystrophy, multiple sclerosis, back pain, heart disease, mood disorders, and work and war-related injuries.
Source: Kansas City Star, "Rural communities have strongest reliance on disability benefits", by Rick Montgomery, Jan. 29, 2012.
Increase for Recipients of SSI Benefits in 2012
After two years of no increases in the benefit amount for recipients of Supplemental Security Income (SSI), the government announced last fall that individuals receiving that benefit would see a cost of living increase. The increase took effect in the last days of December 2011.
The increase - 3.6 percent -- will affect the more than eight million people currently receiving SSI benefits. SSI is a federal program for the blind and disabled, as well as seniors who are ineligible for regular Social Security benefits for the elderly. Children who are blind or disabled may also be eligible to receive SSI benefits.
After the increase, the maximum amount available through the SSI program in 2012 is $698 for an individual and $1,048 for a couple. However, some states will add money to this amount and it may be possible to receive a higher benefit, depending on where the recipient lives.
The increased benefit amount is a cost of living adjustment (COLA) and is determined by the third quarter increase in the Consumer Price Index (CPI) over that of the previous third quarter. The preliminary amount of the benefit increase was announced in October after the CPI had been calculated.
Source: Social Security Administration Press Office, Social Security Announces 3.6 Percent Benefit Increase for 2012, Oct, 19, 2012.
The increase - 3.6 percent -- will affect the more than eight million people currently receiving SSI benefits. SSI is a federal program for the blind and disabled, as well as seniors who are ineligible for regular Social Security benefits for the elderly. Children who are blind or disabled may also be eligible to receive SSI benefits.
After the increase, the maximum amount available through the SSI program in 2012 is $698 for an individual and $1,048 for a couple. However, some states will add money to this amount and it may be possible to receive a higher benefit, depending on where the recipient lives.
The increased benefit amount is a cost of living adjustment (COLA) and is determined by the third quarter increase in the Consumer Price Index (CPI) over that of the previous third quarter. The preliminary amount of the benefit increase was announced in October after the CPI had been calculated.
Source: Social Security Administration Press Office, Social Security Announces 3.6 Percent Benefit Increase for 2012, Oct, 19, 2012.
SSA Trying to Reduce Number of People Who Die While Waiting for Benefits
Terminally ill SSD applicants have been caught in the backlog of Social Security Applications and many have have died while waiting for a decision on their appeals. The SSA has a special code for applications in this category: DXDI.
Since 2005, the SSA has coded 15,043 files as DXDI, which means that an appeal was dismissed because the applicant died while waiting for benefits. The stories about applicants who died while waiting are surreal and tragic; one is the story of Dexter E. Penny of District Heights, Maryland.
In September, 2010, Dexter Penny was dying in the hospital; his colon cancer had progressed to stage four. The SSA had contacted him to get more information about his ability to work. He died in December, 2010. On the day of his funeral, he was notified that he had been granted benefits. He received another letter on January 31 revoking those benefits because he had not responded to the previous letter.
Because of stories like this, the SSA has developed a program that lets people suffering from terminal illness go to the front of the line. Moreover, the SSA has increased the number of diseases - now 113 -- that qualify applicants for immediate review. These now include leukemia and pancreatic cancer. Because of changes such as these, the number of people who died while waiting has decreased from its high in 2009.
Source: Wall Street Journal, "Growing Case Backlog Leaves the Terminally Ill Waiting", by Damian Paletta and Dionne Searcey, Dec, 28, 2012.
Since 2005, the SSA has coded 15,043 files as DXDI, which means that an appeal was dismissed because the applicant died while waiting for benefits. The stories about applicants who died while waiting are surreal and tragic; one is the story of Dexter E. Penny of District Heights, Maryland.
In September, 2010, Dexter Penny was dying in the hospital; his colon cancer had progressed to stage four. The SSA had contacted him to get more information about his ability to work. He died in December, 2010. On the day of his funeral, he was notified that he had been granted benefits. He received another letter on January 31 revoking those benefits because he had not responded to the previous letter.
Because of stories like this, the SSA has developed a program that lets people suffering from terminal illness go to the front of the line. Moreover, the SSA has increased the number of diseases - now 113 -- that qualify applicants for immediate review. These now include leukemia and pancreatic cancer. Because of changes such as these, the number of people who died while waiting has decreased from its high in 2009.
Source: Wall Street Journal, "Growing Case Backlog Leaves the Terminally Ill Waiting", by Damian Paletta and Dionne Searcey, Dec, 28, 2012.
Tuesday, January 10, 2012
Unemployment Benefits: How They Can Affect a Claim for Social Security Disability Benefits
Applying for and receiving unemployment benefits can pose a problem, especially if you have a claim for Social Security Disability (SSD) or Supplemental Security Income (SSI). By applying for both sets of benefits, you are making two statements that are rather contradictory. First, by applying for and receiving unemployment benefits, you are claiming that you are able to work, but you are unable to find employment. By then applying for Social Security Disability or Supplemental Security Insurance benefits, you would be indicating that you are unable to perform any type of work as a result of a disability that has lasted, or is expected to last, at least twelve-months. Indicating that you are both able to work and unable to work simultaneously. Because these two statements contradict one another, it can lead to problems of credibility with regards to your disability. More specifically, if you indicate to one government agency that you can work, and then indicate to another that you cannot, an Administrative Law Judge may find your testimony regarding your claimed disability to be less credible.
The good news, however, can be found in a memo that was issued on August 9, 2010. Therein, Frank A. Cristaudo, former Chief Administrative Law Judge, provided a reminder to all Administrative Law Judges that stated, “Receipt of unemployment benefits does not preclude the receipt of Social Security disability benefits. The receipt of unemployment benefits is only one of many factors that must be considered in determining whether the claimant is disabled.” So, what does this mean? Well, simply put, it means that while applying for and receiving unemployment benefits does not automatically preclude you from receiving SSD or SSI benefits, it will be one of the many factors and Administrative Law Judge will take into consideration when determining if you qualify to receive said benefits.
Tuesday, January 3, 2012
A New Year
Last year brought a lot of new and interesting discussions to our blogs (here and here). We offered a plethora of information to help our clients through the Social Security Disability process, and we plan to continue to do so! But, before we get a jump start on this New Year—let’s look back on some of the important topics from last year.
Electronic Social Security Disability Checks—Last May, we blogged about the end of an era. At that time, we mentioned that (in less than two years!) the Social Security Administration was no longer going to be issuing disability payments in the form of paper checks. In an attempt to cut costs, the SSA will soon be switching over to fully-electronic direct deposits for disability payments. The upside to electronic payments still remains…Electronic payments will almost guarantee that one's payment cannot be misplaced, sent to the wrong address, ruined in the rain, or eaten by the dog!
Electronic Social Security Disability Checks—Last May, we blogged about the end of an era. At that time, we mentioned that (in less than two years!) the Social Security Administration was no longer going to be issuing disability payments in the form of paper checks. In an attempt to cut costs, the SSA will soon be switching over to fully-electronic direct deposits for disability payments. The upside to electronic payments still remains…Electronic payments will almost guarantee that one's payment cannot be misplaced, sent to the wrong address, ruined in the rain, or eaten by the dog!
The threat of a possible Governmental Shutdown lead to a discussion about Governmental Budget Woes…Again—These types of blogs are never our favorite to write; there is nothing appealing about being the bearer of bad news! But, we were happy to report that they government did not, in fact, shut down. The ‘budget woes,’ on the other hand, are still an issue. We want to reassure our clients that, regardless of any outside factors—governmental, or otherwise, we will continue to operate as normal. At Binder & Binder®, it’s business as usual, and we’re going to continue working hard for our clients regardless of what happens.
Social Security Disability Case Stages—We know how long and difficult the Social Security Disability process can be. We took the time to break down the process, explain each stage in the game, and provide estimated time frames for the stages according to information from the Social Security Administration. The Social Security Disability Process, when broken down into the individual stages, consists of the Initial Application, Reconsideration, Hearing, and Appeals Council. Using the highest averaged amount of time per stage, the SSA averaged that some claims can take over 3 years before a final decision is rendered.
Most recently, we blogged about future changes to the Social Security Administration that were In The News—Due to recent controversy over a number of speculated flaws with the system, the SSA indicated they were going to commission an independent review of the system. With any luck, the review of the system would take a deeper look at the extreme inconsistency in benefit award rates that exist from one Administrative Law Judge to the next. Recommendations for improvement as a result of the review are expect to be available sometime this year.
The New Year is bound to bring new updates, new blogs, and new stories from us—be sure to check in often to stay up-to-date!
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