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.

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!

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!

Understanding Supplemental Security Income and Your Resources

Supplemental Security Income (SSI) 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. The standard of disability is the same as with Social Security Disability (SSD). However, to qualify for Supplemental Security Income, a financial need threshold must also be met. SSI kicks in for the disabled when they do not qualify for SSD or the amount of SSD they will receive puts them below the financial standard.

When evaluating whether or not you qualify for SSI, the Social Security Administration looks at your resources. Resources, for instance, can be items such as cash; bank accounts, stocks, and U.S. savings bonds; land; life insurance; personal property; and anything else you own which could be changed to cash and used for food or shelter. In order to qualify to receive SSI, in addition to meeting the disability requirements, your countable resources must not be worth more than $2,000 for an individual or $3,000 for a couple. It is the total value of your resources that, when combined, are one of the factors that determine your eligibility for benefits.

Not all resources count for SSI, however. For instance, the Social Security Administration does not count the following: the home you live in and the land it is on; household goods and personal effects (for example, your wedding and engagement rings); burial spaces for you or your immediate family, as well as burial funds for you and your spouse, each valued at $1,500 or less; and one vehicle, regardless of value, if it is used for transportation for you or a member of your household—just to name a few.

One thing to keep in mind is the possibility of a future transfer of resources. Transferring a resource involves either giving it away or selling it. For example, an individual may, under their current circumstances, qualify for SSI benefits. However, a decision to transfer a resource may result in the ineligibility for SSI for up to 36 months. The length of time you would be ineligible for SSI is dependent upon the value of the resource that was transferred. Conversely, if the value of a resource that was transferred does not bring the total of your countable resources over the $2,000 limit for an individual or $3,000 limit for a couple, your eligibility would remain intact.

As always, we recognize that the circumstances are different for each of our clients, and we will do our best to make you aware of the process along the way. While we cannot change the Social Security Administrations requirements, we are always available to answer any questions our clients may have!

Location, Location, Location…

We’ve all heard that location plays a big role in certain things such as real estate. But, did you know if can play a role in your Social Security Disability process, too?  A recent article depicted the scene of a small rural town in Virginia that had a rate of more than one out of four working aged adults (ages 15 to 64) receiving Social Security Disability payments.

While the small town in Virginia carried a disability rate of over 25%, the average drops considerably just a short distance over in Washington D.C., where only 3.2% of the working age population is noted to be receiving Social Security Disability. A map, depicted below, shows the staggering difference throughout the United States.

Although the figures from one city to the next may be surprising, the explanation may not. The rural cities that happen to have the largest concentration of disability payments happen to be the cities where occupations require manual labor, such as mining and timbering. Urban areas, such as Washington D.C., where occupations tend to be less physically demanding and result in less disabling injuries.

                

Baby Boomers Playing a Role in the Social Security Disability Applicant Increase

In our last blog, we talked about the weak economy and unemployment rate and its effect on the rising number Social Security Disability claims. So, it may not come as much of a surprise to learn that there are numerous other factors at play in the lengthy process many individuals are a part of right now. Age, for instance, is playing a larger role than it has in the past. More specifically, the Baby Boomers are hitting the system…and they’re making an impact.

According to Patti Patterson, Social Security Administration regional communications director, “Baby boomers reaching their disability-prone years [and the economic downturn] have contributed to the increase in applications.” Despite strict requirements regarding disability requirements, the number of applicants has continued to rise in recent years. In fact, according to administration statistics, the number of applicants has risen nearly 30 percent in five years.

The figures, provided by the Social Security Administration, speak for themselves. In Fiscal Year 2006, over 2,500,000 individuals applied for Social Security Disability benefits, with just over 35 percent of applicants being awarded at the initial application level. Just five years later, in Fiscal Year 2011, the number of applicants had risen to just over 3,200,000. The rise in applicants did not coincide with a rise in the number of individuals whose applications were approved at the initial level, as that number dropped nearly 2 percent.

Despite the substantial growth, the average wait time for initial claims is slightly less, albeit by only 5 days, than it was 5 years ago. The Social Security Administration continues to revisit their plan to eliminate their hearing backlog, which provides hope for the individuals who find themselves still in the middle of the disability process. In the meantime, we continue to work hard for our clients to ensure that their cases are as strong as possible at every given stage.

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! 

In The News

On Thursday, 11 people were charged in a fraud scheme—a scheme that involved hundreds of Long Island Rail Road (LIRR) Workers. The LIRR Workers involved in the scheme are being accused of falsely having claimed a multitude of disabling injuries that have allowed them to collect tens of thousands of dollars from their pension funds, in addition to disability payments. Included in the group of individuals charged were two doctors. A sampling of hundreds of claims that were approved by the two doctors revealed that over $100 million dollars, if not much more, had been paid out to LIRR workers whose disabilities were either fabricated or exaggerated.

While there is a separate federal disability and retirement fund for railroad workers, the fund mirrors that of the Social Security Administration’s in many ways. It’s unfortunate that instances of fraud, even as enormous as the LIRR Workers scheme, are not uncommon. But what is also unfortunate is the impact that fraudulent claims, whether they occur through a single individual or as part of a larger scheme, have on disability funds.

When an individual fabricates or exaggerates a disability and has their claim awarded benefits, they are drawing monies from the disability fund. The benefits awarded to fraudulent claims are subsequently no longer available to help individuals with legitimate disabilities. In an attempt to control fraudulent claims, the Social Security Administration participates in Continuing Disability Reviews to weed out those who are not or are no longer disabled. In 2008, Continuing Disability Reviews were expected to eventually cut benefits to 33,000 people who were not disabled or were no longer in need, but continuing to collect benefits fraudulently. The reviews in that year alone were estimated to yield a savings of $3.3 billion dollars that would have been spent in future benefits.

But fraudulent claims have more than just a monetary effect on the system. They can make the process of obtaining Social Security Benefits more difficult, as they lead way to increased skepticism. Individuals with legitimate claims may run into amplified pressure to provide more information in support of their disability—a task that can often be difficult on its own.

At Binder &BinderÒ, we fight for our clients because we understand what they are going through — how it can be difficult to make ends meet when you cannot work and how many people worry about keeping food on the table and roofs over their heads. But, we also know how of negative an impact a fraudulent claim can of have on the Social Security Disability fund. We want our current clients and future clients to know that we diligently screen our potential cases to help cut down on fraudulent claims. 

Did I Say the Wrong Thing?

By Stacey Laskin, an Advocate from the Chicago Binder & Binder® office

If you say something in your hearing that is not supportive of disability, I’ll probably let you know. But I’ll also tell you what options we have now that the record reflects that you spend your afternoons deep sea diving or dirt bike racing.

Most likely, whatever you said was not “wrong.” You testified about your story, and whatever your story is, it’s not wrong as long as it’s true.

But, if you lie to the judge, the judge will know. The judge has access to a great number of official and unofficial records about your life. If you tell one lie, whether it be about your weight, your medical conditions, your embarrassing past, or your entangled love affairs, the judge can use that slip to unravel your claim by finding that you are not a believable witness. It’s not worth it.

When Will I Find Out If I’ve Won?

By Stacey Laskin, an Advocate from the Chicago Binder & Binder® office

If your hearing is one of the many that ends with some uncertainty, your next question will be some variation of, “How long?”

The answer is that I don’t know how long. I really don’t. For the most part, it’s completely outside my control. However, some judges are known for quick turn-around in just a few weeks and others have a reputation for dragging their feet for months. I can let you know about my experience with your judge and what you might expect.

Your judge will probably take your file after the hearing and stick it in a pile. Some time in the future, he or she may look at your file again and propose a decision. Then a staff attorney might review the file. The attorney and the judge may discuss the proposed decision. That decision could change several times throughout the course of their research. Eventually, the staff attorney will write up your decision and then give it to the judge for review and editing. Once the decision is completed, the Social Security Administration will mail a copy to both you and me.

Top Five Questions Clients Ask After a Hearing

By Stacey Laskin, an Advocate from the Chicago Binder & Binder® office

Stacey Laskin is an Advocate from Binder & Binder®, and is a graduate of The Ohio State University Moritz School of Law. Although she is stationed out of the Binder & Binder® Chicago office, she travels frequently to meet clients for hearings in Michigan, Ohio, North Dakota, Nebraska, and Wisconsin.

You’ve spent restless nights playing out the exchange. The judge is a kindly woman in a black robe, she smiles, and she asks you, “What’s wrong?” You both cry together, and then she hands you a check, which you use to pay off your mortgage and buy a celebratory chocolate cake.

Then you wake up to spend another day worrying about why Dr. So Busy won’t answer the phone and whether you should wear new shoes to your hearing. The entire process is exhausting. And this is why, after your hearing, you’ll inevitably still have questions.

These are the ones I’m most commonly asked:

Did I Win? Social Security judges, experts and representatives speak in jargon. We use abbreviations, numbers, regulations and rule citations to talk about the experiences you live. As a result, it can be difficult to determine exactly what happened at a hearing.

Occasionally, a judge will issue an official decision at a hearing. Other times, a judge will only give an indication as to what his or her decision may be. More often than not, the hearing ends with some ambiguity.

Even when the judge explicitly states that he or she has issued a decision on-the-record, many clients don’t realize they’ve won benefits until afterward, when I’ve shaken their hands and expressed my congratulations.

This proves there really is no such thing as a stupid question. I should be able to help decipher the “harrumphs” and the code words.

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!