Social Security Disability News: August 2013

Friday, August 30, 2013

Unemployment vs. Social Security Disability Benefits

It is important that our clients disclose to us what other type of benefits they are receiving if they are applying for Social Security Disability (“SSDI”) or Supplemental Security Income (“SSI”) benefits. This is especially true if an individual is receiving Unemployment Insurance (“UI”) benefits.

The Social Security Administration (“SSA”) is suspect of anyone who is receiving or is attempting to receive SSDI and UI benefits simultaneously. The reason concurrent applications for these two benefits are questionable is because each program has its own unique definition and qualification standards. In order to qualify for SSDI, you must be unable to work for at least 12 months or more due to a physical or mental impairment, or combination of impairments, or your impairment (s) must be likely to result in death. Thus, people applying for SSDI are not actively looking for work, due to the fact that their impairments prevent them from working. On the other hand, in order to qualify for UI benefits, individuals must show that they are able, willing and ready to work and that they are actively seeking employment. Thus, applying for UI and SSDI benefits concurrently can cause Social Security to question the credibility of the applicant.

Currently, there is no law precluding individuals for applying for both types of benefits simultaneously. SSA has acknowledged that filing concurrent applications may appear to be facially inconsistent, but they haven’t gone as far as to preclude people from filing dual applications. Instead, SSA has historically used it as a factor to weigh in consideration as to whether someone is disabled. As you can imagine, many Judges cite to the receipt of UI benefits as a basis for a SSDI denial.

Currently, a group of bipartisan Senators have introduced a bill that would reduce SSDI benefits for any month in which UI were received. The proposed bill named, S. 1099 - “The Reducing Overlapping Payments Act,” was introduced on June 6, 2013. The bill proposes that SSDI benefits would be reduced for any month in which an individual was receiving UI benefits. The policy behind this proposal is similar to the other offsetting benefit programs like California State Disability and the Worker’s Compensation system. Individuals who receive State Disability or Worker’s Compensation often see their SSDI benefits reduced until their State Disability and/or Worker’s Compensation benefits are exhausted or reduced themselves. It is the government’s way of preventing what they call “double-dipping.”

If you are interested in following the progress of this bill, here is a link that will provide you status:

http://www.govtrack.us/congress/bills/113/s1099

Got a question that you need answered? Please check out our website at www.westcoastdisability.com . We try to provide you with valuable information on our website that may help you navigate the Social Security Disability process. Also, feel free to shoot us an email at info@westcoastdisability.com or call us at (800) 459-3017.

Wednesday, August 14, 2013

How Does the Supreme Court's Defense of Marriage Act Ruling Affect SSDI and SSI Benefits?

We have been getting a lot of questions about how the Unites States Supreme Court’s decision regarding the Defense of Marriage Act (DOMA) will affect Social Security Disability (“SSDI) and Supplemental Security Income (“SSI”) benefits for same-sex partners. As most of you are aware, on June 26, 2013, the Supreme Court held that Section 3 of DOMA is unconstitutional as it deprives same-sex spouses equal protection under the Fifth Amendment.

What this now means is that same-sex spouses, and their children, are able to file claims for various types of SSDI benefits, including Disabled Widow’s/Widower’s benefits, Disabled Adult Children benefits, Survivor benefits, and Children’s benefits. In order to file a claim, however, the following conditions must be met:

The same sex couple must have a legally valid marriage. Couples in civil unions will not be qualified at this time.
The couple, and their children, must reside in a state that recognizes same-sex marriages.

While the Supreme Court’s ruling opens the door for same-sex spouses, and their children, to SSDI entitlement, the impact on SSI benefits could have the opposite effect. As SSI benefits take into account the income of a spouse to determine eligibility, same-sex spouses may find that their SSI benefits are reduced or discontinued.

To read the Supreme Court’s decision in entirety, please visit the link below:
http://www.supremecourt.gov/opinions/12pdf/12-307_6j37.pdf

Friday, August 2, 2013

Social Security Disability Time Frames

We often get asked, “How long does the Social Security Disability (“SSDI”) process take?” The honest answer is it varies by jurisdiction. Unfortunately, the weak economy, budget cuts, and the fact that the baby-boomer generation is at retirement age, have all negatively affected the time frames of the SSDI process.

There are five potential stages that an individual may go through in the SSDI process, including the initial application, reconsideration, hearing, Appeals Council, and Federal Court levels. The majority of individuals will be required to attend a hearing in front of an Administrative Law Judge (“ALJ”).

After filing an initial application, it will take the Social Security Administration 120 to 270 days to make a decision, or approximately 4 to 9 months. If denied, these same time frames are applicable at the reconsideration stage, though we do get a majority of the reconsideration determinations back within 180 days, or 6 months. If you are denied at the reconsideration stage, you must request a hearing. At the hearing level, it takes SSA anywhere from 236 to 547 days to schedule a hearing (National Ranking Report By Average Processing Time dated 4/26/13). Keep in mind, the time period that a claimant will wait to have a hearing scheduled is in addition to the time frames at the initial application and reconsideration levels.

Below are the time frames for the local Southern California SSA hearing offices, which are technically known as the Office of Disability Adjudication and Reviews or “ODARs” (National Ranking report dated 4/26/13):

Los Angeles Downtown = 275 days

Orange = 305 days

San Bernardino = 309 days

Moreno Valley = 322 days

Long Beach = 328 days

Pasadena = 330 days

Los Angeles west = 340 days

Santa Barbara = 358 days

Norwalk = 428 days

San Diego = 475 days

As you can see, the time frames associated with the hearing level are varied. After a hearing is held, it will take an Administrative Law Judge anywhere from 30 to 90 days to make a decision, or 1 to 3 months. If the claim is awarded, it can take the local SSA office up to another 90 days, or 3 months, to process the monthly benefits. Retroactive benefits can take the local SSA offices longer to process.

If the claim is denied, however, an individual must file an appeal with the Appeals Council in Falls Church, Virginia. On average, it will take the Appeals Council anywhere from 12 to 36 months, or 1 to 3 years, to rule on the claim. If denied, the only option left is to file a claim to Federal Court. Appeals to Federal Court can also take anywhere from 12 to 36 months, or 1 to 3 years, to receive a determination.

We recognize that these time frames can be shocking. However, it is important for every claimant to come up with a plan to support himself/herself, while he/she applies for these benefits, as the Social Security process has some significant timeframes associated with it.

For more information on the Social Security Disability process, please visit our website at http://www.westcoastdisability.com/The-Social-Security-Disability-Claims-Process/