The Social Security Administration has
announced a 1.7 percent benefit increase for 2015. This cost-of-living (“COLA”)
adjustment will begin on December 31, 2014 for Supplemental Security Income (“SSI”)
beneficiaries. Social Security Disability Insurance (“SSDI”) and Social Security
recipients will see this COLA adjustment in their January 2015 benefit
payments. This COLA adjustment will affect the nearly 64 million Americans who
receive monthly Social Security and Supplemental Security Income benefits.
Welcome to West Coast Disability Legal Center's blog! This blog was developed so we can share news , information and insight as to the latest developments in the Social Security Disability world.
Thursday, October 23, 2014
SSA announces a Cost-of-Living Adjustment (“COLA”) for 2015
Thursday, October 16, 2014
Video Teleconferencing Procedures
If your Social Security Disability
Insurance (“SSDI”) or Supplemental Security Income (“SSI”) claim is pending at
one of the Social Security Administration’s courts, which are formally known as
Offices of Disability Adjudication and Review (“ODARs”), you may have received
a letter from them recently addressing their video teleconferencing (“VTC”)
procedures.
Due to the increased backlog of claims
in recent years, the wait for a hearing in front of an Administrative Law Judge
(“ALJ”) has increased drastically. In most jurisdictions, a claimant will wait
12 to 18 months to have a hearing in front of an Administrative Law Judge. This
wait time does not include the processing time periods from initial application
and reconsideration either. The 12 to 18 month waiting period begins once any
individual request a hearing following the lower level denial and appeal. SSA
recognizes that these timeframes are problematic for individuals whom are
unable to work, unable to earn an income, and in many cases, unable to put food
on their tables. Thus, SSA has been utilizing video teleconferencing to help
decrease the backlog. The process involves having ALJs appear by VTC from other
jurisdictions that are not as backlogged at the hearing level. Often these VTC
ALJs are from states that are not as populated, and therefore do not have as
many claimants in their jurisdictions. Thus, these VTC ALJs have time to hear
cases from other jurisdictions, which can help to decrease the backlog of
claims.
The ODARs have started sending out
letters notifying claimants that they are utilizing the VTC process to help improve
the efficiency of the hearing process. If a claimant does not wish to have a
VTC hearing scheduled, the claimant has 30 days from the date that he/she
receives the VTC notification to object to it. If the claimant does not object
within the 30 day period, and later decides he/she does not want to have a VTC hearing,
he/she must have good cause for missing the deadline.
In many instances, a VTC hearing makes
sense. Permitting a VTC hearing may mean
that you will get your hearing months in advance of when it normally would be
scheduled. However, a VTC has its drawbacks. You may be assigned to an ALJ that
we have never met and therefore lack familiarity with his/her protocols. The
VTCs can be blurry and have slight delays between communications. Thus, if you
are hard of hearing, have difficulty with speech, or if you have an impairment that
has physical manifestations (i.e. tremors, skin disorders etc), it may be best
do elect to have an in-person hearing, even if it means you will be waiting
extra months for that hearing.
Electing to utilize a VTC needs to be decided on a case by case basis. We certainly will weigh all the pros and cons before we decide to elect or object to a VTC hearing. For more information of changes to VTC hearings, please see http://www.ssa.gov/OP_Home/hallex/I-02/I-2-3-10.html.
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 megan@westcoastdisability.com or call us at (800) 459-3017 x 103.
Electing to utilize a VTC needs to be decided on a case by case basis. We certainly will weigh all the pros and cons before we decide to elect or object to a VTC hearing. For more information of changes to VTC hearings, please see http://www.ssa.gov/OP_Home/hallex/I-02/I-2-3-10.html.
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 megan@westcoastdisability.com or call us at (800) 459-3017 x 103.
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