Information About the Compassionate Allowances Program

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.

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 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.

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:

• 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.

Because the SSD system is so large, and because there are so many applications, individual claimants can get lost in the shuffle through no fault of their own. Following these rules and getting needed assistance when filing and appealing may tip the scales in the applicant's favor.

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.

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.

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.

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.

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.

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.

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! 

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!

Disabled Retired Professional Athletes: What Is Next For Them?

When you think about an individual applying for Social Security Disability, what kind of person do you picture? Perhaps you picture someone much like yourself—a hardworking person, spending countless hours at the office to provide for their family, when an unfortunate injury or impairment prevents them from doing so. Perhaps you picture an electrician, a secretary, a school bus driver, or a carpenter. But…have you ever pictured a professional athlete? After all, they are working individuals who can suffer from disabilities too. Specifically, what happens to NFL players who become disabled and are forced into retirement?

An article from the Newsroom Jersey, dated July 23, 2010, discussed this exact issue (click on “Newsroom Jersey” to read the full article). The article notes the struggles of a number of former NFL players, who were severely injured either during their careers or are experiencing lasting effects from the “wear and tear” of the game. Many of the injured former professional athletes are uninsurable as a result of said injuries, and—to top it off—they’ve been denied disability severance from the NFL.

With the inability to obtain health insurance, and a denial for disability from their former employers, many disabled former NFL players are placed in the same location as several of our clients. Much like our clients applying for Social Security Disability, former NFL players have paid FICA taxes—making them eligible for disability payments. And, with the help of a Social Security Advocate, former NFL players have been able to rely on government support such as Medicare and Social Security Disability to aide in their continued medical needs.

If You’re Disabled, is Social Security an Option for You?

The general belief regarding disability benefits is: if you’re disabled, you can receive benefits. If only the system was that easy and uncomplicated, but it isn’t. And, if it was, we wouldn’t be here writing about it today! We’ve mentioned before how difficult and complex the system may be. That being said, even those who would qualify for disability based solely on their impairments, may not actually qualify for benefits in the long run.

Last month, we discussed the five-step process that one must be vetted through in order to be determined eligible for disability benefits. We’re not about to say that the five-step process is the only criteria for qualifying for disability, because it isn’t. A recent post on our Facebook page got us thinking. If you feel as if you meet the steps to qualify for disability, are there other issues standing in your way to receiving benefits? The simplest answer is: Yes.

As you may know, there are two different types of disability one can collect—Social Security Disability (SSD) and Supplement Security Income (SSI) benefits. SSD pays monthly cash benefits to people who have paid enough FICA taxes to qualify, and are now unable to work for a year or more because of a disability. Conversely, SSI is a governmental program that 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.

If you've worked most of your life and have paid your FICA tax, generally you're going to be eligible for SSD. Specifically, you must have worked ten years in your lifetime and five years out of the last ten at the time you became disabled for SSD eligibility. Unfortunately, if you do not fit the above-noted criteria, there is a chance that you may not qualify for SSD. SSI is available to certain people, like disabled adults and children who have limited income or resources. To qualify for SSI benefits, you must meet certain eligibility requirements, which can be confusing and may vary state by state.

There is, however, a slight chance that—due to individual, family or household circumstance—one may not be eligible for either SSD or SSI. Often times an individual will find out that their household income places them outside of the criteria for SSI. At the same time, they suffer from a disability that does not allow them to return to work, but they cannot qualify for SSD as they have not worked at least five years out of the last ten in order to be eligible. It’s an unfortunate and frustrating situation to be in, and the Social Security Administration’s regulations are not able to be adjusted.

Working While Receiving Social Security Disability Benefits

Kind of sounds like an oxymoron, doesn’t it? Receiving Social Security Disability benefits and working? It doesn’t necessarily seem like the two would go hand-in-hand, but they can. The Social Security Administration (SSA) has special rules that make it possible for those receiving Social Security Disability (SSD) or Supplemental Security Income (SSI) to work and still receive monthly payments.

Many of our clients express their continued desire to work, while reporting that their disabilities simply do not allow them to do the work they used to do. Social Security has a work incentive and a Ticket to Work program, both designed to encourage and enable those receiving disability to return to the work force if they are interested in doing so.

There are some important things to keep in mind, however. If you decide you are going to return to the work force, you need to inform the SSA as soon as possible. They will be able to explain their work incentives to you, which include continued cash benefits for a time while you are working, continued Medicare or Medicaid while you work, and help with education, training, and rehabilitation to start a new line of work.

Obviously, if you are able to return to work full-time, and begin to earn wages that are what the SSA considers Substantial Gainful Employments, your cash benefits may come to a stop. The upside to this, though? If you return to work only to find out that you are unable to continue doing so because of your medical condition, your benefits can start again, and you would not need to re-start the disability process. This means you would not need to fill out another application, and you would certainly not need to attend another hearing.

Please keep in mind, however, that there is a time limit to how long you are allowed to work before you would actually need to restart the disability process. After your benefits stop because your earnings are substantial, you have five years during which you may ask the SSA to start your benefits immediately if you find yourself unable to continue working because of your condition.

Much like the above-noted work incentives, the Ticket to Work program may also help if you would like to return to work. The SSA provides individuals with vocational rehabilitations, job training and referrals, and support services free of charge. Additionally, you will not undergo medical reviews while you are using the ticket and making timely progress your return to work plan.

We want to make you aware of all of your opportunities; it’s the least we can do! If you have any questions about the work incentives or Ticket to Work program, feel free to leave us a message and let us know what’s on your mind. We’d be happy to provide extra information if you are interested, and point you in the right direction if you’d like to return to work!

Compassionate Allowances

The Social Security Administration (SSA) has an obligation. What is that obligation we are hinting towards, you may wonder? Well, it’s quite simple. If an applicant’s condition is so serious that they obviously meet disability standards, the SSA has the obligation to provide benefits…quickly.

According to the SSA, “compassionate allowances are a way of quickly identifying diseases and other medical conditions and that invariably qualify under the Listing of Impairments based on minimal objective medical information. Compassionate allowances allow Social Security to quickly target the most obviously disabled individuals for allowances based on objective medical information that we can obtain quickly.”

The Commissioner of Social Security, Michael J. Astrue, has held numerous Compassionate Allowance public outreach meetings over the past few years. Discussions have been held regarding disabilities such as rare diseases, cancer, traumatic brain injury (TBI), stroke, early-onset Alzheimer’s disease and related dementias, schizophrenia, and cardiovascular disease. The most recent public outreach meeting, held on March 16, 2011, opened the discussion of compassionate allowances with regard to autoimmune diseases.

Compassionate allowance cases are very similar in nature to terminal illness claims—however, not all compassionate allowance claims will involve a terminal illness. For example, an individual with a spinal cord injury may qualify as a compassionate allowance, even if they are expected to live a long life.

While their obligation may be quite simple, it doesn’t necessarily mean the process is also simple. In fact, the criterion to have a claim designated as compassionate allowance is strict. That’s where we come in. We’ll deal with the government; you have enough to worry about. Currently, the SSA’s list of compassionate allowance conditions holds just under 100 listings. We don’t expect you to know if you meet one of those listing, that’s our job. And, since we’re here to do things Better and Nicer, you can be assured we’ll help your case get on the right track to a compassionate allowance listing, if the criteria are met.

If you have any questions or concerns regard compassionate allowances, please feel free to leave a comment!

Is There a Time Limit on How Long You Can Receive Social Security Benefits?

Those receiving, and those applying to receive, Social Security Disability benefits might wonder if there is a time limit to the length of time they are eligible to receive benefits. The easiest way to look at the question and subsequently answer it is to begin by saying that there are not two cases that are exactly the same, so—the same outcome is not necessarily standard across the board. When it comes to continued payments, however,  if your medical condition does not improve, your disability payments do not stop, regardless of the type of impairment.

The Social Security Administration reviews cases at intervals to assure that the individuals receiving disability are still 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. Additionally, those who are still receiving disability payments when they reach full retirement age will have their benefits converted automatically from disability benefits to retirement benefits.

All of that being said, there might be some confusion as to why the Social Security Administration reviews cases to guarantee that those receiving disability benefits are, indeed, still disabled. As mentioned above, disability claims may be similar, but never identical. As a result, how often a case is reviewed depends on the severity of the case. An individual’s Notice of Award (which is normally received after the Notice of Decision has been sent), not only offers an explanation of one’s benefits and payments, it also indicates when an individual would be able to expect a first review. The less likely your disability was expected to improve, the longer an individual would wait for a review, perhaps five to seven years or longer. Conversely, if one’s disability was expected to improve or noted possible improvement, a first review could land anywhere between six months...to three years after the decision has been made.

If you have any specific questions about the process, we’d be happy to answer them for you; just let us know!