Social Security Disability News: 2016

Monday, December 12, 2016

The Underfunded Social Security Administration to Blame for Poor Customer Service

Have you visited your local Social Security Administration (“SSA”) office lately? If you have, I bet you had a tremendous wait before receiving any help from a SSA representative. SSA’s phone lines are also difficult to get through. SSA is aware of the problem and is blaming their budget for these delays.

“Our service budget has been underfunded since FY 2010,” reported SSA. Budget cuts are never welcomed by Federal agencies, but SSA’s underfunding has posed a particular problem for the Administration given the fact that Social Security Disability and Supplemental Security Income recipients have risen by 12 percent since 2010.

SSA service has also been hurt by shorter office hours and a 5 percent reduction in employees since 2010. SSA has had fewer visitors to their offices since 2010, which may be due to an increase in online services, but this decrease in visitors has not improved waiting times. In fact, 4.5 million visitors waited for over an hour before receiving help at the local SSA field offices in 2015. This is a 95 percent increase in waiting times since 2010.

We will have to wait and see how the new Administration plans to fix SSA’s growing customer service problem. Until then, SSA continues to see its reputation tarnished as its customer service flounders.

Got a question about SSDI or SSI that you need us to answer? Please check out our website at www.westcoastdisability.com . We try to provide you with helpful information on our website that will allow you to successfully navigate the Social Security Disability process. Also, feel free to email me your questions at megan@westcoastdisability.com or call me at (800) 459-3017 x 103.

Thursday, November 17, 2016

How Will The New Administration Change Social Security?

The results from the November 8, 2016 election have people panicked about what will happen to Social Security and Medicare. I am getting multiple calls and emails from people asking what changes are going to take place. Unfortunately, I cannot answer such questions. Like you, I am in the dark.

Unlike the targeted Affordable Care Act, Social Security and Medicare were rarely discussed by either Presidential candidate. Of course, there has been a lot of speculation by the public and the media.

People have wondered whether Social Security and Medicare would be privatized or whether monthly Social Security benefits would be reduced. We do not know the answer to this question at this time. It is common knowledge that House Speaker Paul Ryan has championed the idea of gutting Medicare and replacing it with a voucher program. Will President-elect Trump support such ideas or Speaker Ryan’s agenda? No one knows.

I think it is very important that we don’t panic about speculative changes that may take place. It isn’t productive and it isn’t healthy. Changes to these programs will undoubtedly come. Some will likely be bad. Some changes may surprise us and actually improve these programs. However, there is nothing that anyone can do until changes are proposed by the new Administration.

Changes to these programs may start in 2017 or much further down-the-line. After all, these benefit programs have not been one of the major cornerstones of President-elect Trump’s campaign initiative. Only once proposed changes are articulated by the new Administration in regards to Social Security and Medicare can we take action (if it is necessary).

There is one certainty that I can promise at this time…We will continue to fight for the rights of the disabled regardless of the ever-evolving Social Security and Medicare regulations.

Got a question about SSDI or SSI that you need us to answer? Please check out our website at www.westcoastdisability.com . We try to provide you with helpful information on our website that will allow you to successfully navigate the Social Security Disability process. Also, feel free to email me your questions at megan@westcoastdisability.com or call me at (800) 459-3017 x 103.

Thursday, October 27, 2016

Will There be a Cost of Living Adjustment for Social Security Benefits in 2017?

Yes. The Social Security Administration (“SSA”) announced this month that both Social Security and Supplemental Security Income (“SSI”) benefits will be increased by 0.3 percent in 2017. This cost-of-living adjustment (“COLA”) will go into effect for SSI recipients on December 30, 2016. Social Security recipients will realize the increase beginning January 2017.

SSA will also increase the maximum amount of earnings subject to Social Security tax from $118,500 to $127,200. This means that about 12 million people will pay more Social Security taxes due to this increase.

The purpose of a COLA is to make sure that Social Security and SSI benefits stay in line with inflation. COLAs were first instated in 1975. There was no COLA in 2016. The COLA for 2015 was 1.7 percent, which was a much higher increase than we will see in 2017.

In 2017, we will have a new President. The impact that the new administration will have on SSA remains to be seen. SSA has not been at the forefront of any debates and discussions by either candidate. The COLA should stay in effect regardless of who is voted in. However, we cannot predict the changes that SSA may undergo under a new administration. Keeping that in mind, do not forget to vote on November 8, 2016. It is your privilege and right!

Got a question about SSDI or SSI that you need us to answer? Please check out our website at www.westcoastdisability.com . We try to provide you with helpful information on our website that will allow you to successfully navigate the Social Security Disability process. Also, feel free to email me your questions at megan@westcoastdisability.com or call me at (800) 459-3017 x 103.

Friday, September 30, 2016

4 Reasons That It Is Taking So Long To Get A Disability Hearing With The Social Security Administration

It is no secret that the Social Security Administration (“SSA”) has a significant backlog right now, but it seems that it is taking SSA a ridiculous amount of time to schedule a hearing with an Administrative Law Judge (“ALJ”). It is estimated that people are waiting an average of 525 days at the hearing level before appearing before an ALJ. ALJs oversee the hearing process through the Office of Disability Adjudication and Review (“ODAR”). The hearing process is the third stage in the Social Security Disability process.
We recently met with a group of ALJs to find out why the ODAR backlog was growing. Below are 4 reasons for the lengthening timeframes.

1. The ODARS are understaffed. – The ODARs currently do not have enough workers to handle all the cases. In fact, we were told that the ODARs were operating at a 31% staff deficiency per volume of cases compared to the staffing situation from a decade ago.

2. SSA has a hiring freeze. – In spite of the growing backlog, SSA has a hiring freeze that is further impacting the waiting times. SSA has consistently had to deal with budget cuts that have prevented the Agency from staffing their offices to handle the volume of cases assigned.

3. ODARs have had to change the way that they writing decisions. – It has become more time-consuming to write a hearing decision. The District Courts have encouraged SSA to add more detail to their hearing decisions to make them tougher to appeal. Thus, the ALJs have to provide more instructions to their writers and inject more details in the decision letters to make them ironclad should an appeal be filed.

4. Duplicate records and last minute submissions of evidence create major problems for the ODARs. – When attorneys or claimants submit the same materials over and over or bombard the ALJ with sizable submissions a few days before the hearing, it creates havoc for the ALJs and their staff. Thus, they have asked all attorneys and claimants to avoid submitting duplicates and have prohibited attorneys from submitting evidence for the final five business days before the hearing.

Wednesday, August 17, 2016

Additional Budget Cuts Would Be Devastating To the Social Security Administration

It is no secret that the Social Security Administration (“SSA”) is floundering these days. Backlogs and budget cuts mean that claimants applying for disability benefits through SSA are waiting over 500 days to get a hearing, according to a recent Washington Post article. The 500-plus days of waiting at the hearing level does not take into account the processing periods at the initial application and reconsideration levels either. Both the initial application and reconsideration levels can take SSA anywhere from 4 to 9 months to process, thus tacking on the potential for another 18 months of waiting before a claimant can even request a hearing before an Administrative Law Judge (“ALJ”).

Now House Republicans hope to pass an appropriations bill that would further cut SSA’s budget, thus triggering worsening backlogs in an already painfully delayed system. Since 2010, SSA’s operating budget has been decreased by 10 percent in spite of the fact that beneficiaries have increased by 12 percent. Currently, more than 1.1 million people are waiting for a disability hearing. The reality is that SSA lacks the staff and an efficient system to process all these hearing requests, which in turn, makes it difficult for disability applicants to receive their benefits in a timely manner. Budget cuts would just be another giant hurdle in the way of disabled claimants and the disability benefits that they need in order to survive.

These proposed budget cuts would come with a temporary furlough and a hiring freeze – measures that undoubtedly would negatively impact SSA’s ever-growing backlog as well. “Cutting staff when SSA is processing historically high claims is irresponsible and a sign that the Republicans who voted for this cut are not interested in providing tax payers with good service regarding SSA,” said Witold Skwierczynski, President of the American Federation of Government Employees SSA Council. Such drastic measures do seem that they have the potential to further cripple this already struggling agency.

The future of SSA is in jeopardy. It is already an agency in vast need of improvement, but it is currently teetering on the brink of failure. SSA needs to take a hard look at ways to improve its efficiency, especially in the face of potential budget cuts. However, it is a government beast that is resistant to change. In spite of the fact that SSA has promised to utilize their attorney-writers for early decisions, review on-the-record requests, direct national overflow branches to prescreen the cases, it appears they have been reluctant to implement these promises. Thus, the prospect of further budget cuts and increasing delays is devastating news to the disability community.

Tuesday, July 26, 2016

7 Things we Learned From the Social Security Administration’s Statitistics from 2014

The Social Security Administration (“SSA”) released its 2014 statistics regarding the Social Security Disability Insurance program (“SSDI”) at the end of 2015. SSA plans to update these statistics using 2016 data in 2017, but here are some important highlights from the most recent statistical research:

1. Disability benefits were awarded to over 10.2 million people.

2. Average age of a disability recipient was 53.

3. More men received disability than women (men represented just under 52% of the recipients).

4. People with musculoskeletal system and connective tissue diseases represented the largest categories of disabilities.

5. The average monthly payment was $1,165.39.

6. In December 2014, SSA issued $11.4 billion in payments to disability beneficiaries.

7. SSA stopped benefits for 779,229 disabled workers who were receiving benefits in 2014.

For a complete breakdown of the 2014 statistics, check out the “Annual Statistical Report on the Social Security Disability Program, 2014” available at: https://www.ssa.gov/policy/docs/statcomps/di_asr/2014/di_asr14.pdf

Wednesday, June 29, 2016

Is the Social Security Fund Out of Money?

Everyone has heard the rumors that the Social Security Administration (“SSA”) is running out of money. Earlier this month, SSA released its annual report, which explains the realities of the situation. While the combined trust fund reserve is still growing, it is expected to exceed the income the trust fund is bringing in, starting in 2020. This means that if Congress does not address the depletion beforehand, SSA will only be able to pay recipients 79% of their scheduled benefits beginning in 2034.

SSA also revealed that it paid out benefits of $886 million in 2015. These benefits were issued to 60 million beneficiaries last year.

Take a look at the report and spend some time perusing the numbers. It helps to explain why the SSA has become a hot button this election year, as it is quite apparent that changes must be made to ensure that this vital beneficiary system can provide for future generations.

Wednesday, June 1, 2016

California Public Employees Beware: You May Be Opting Out of Social Security for You and Your Family

California has provisions that prevent certain public workers from “double-dipping” from both state pensions and Social Security benefits. Such provisions affect some teachers, police officers, firefighters, and other public civil servants. Prior to 1983, public employees could collect a state pension and Social Security earned from other types of work that they performed in the private sector. Congress, however, prohibited certain public employees from receiving both a state pension and Social Security in 1983.

Thus, even if you paid into Social Security for many years, you may be forfeiting your right to collect Social Security benefits that you earned in the private sector once you become a public employee of the State of California. Your children and spouse are also prohibited from collecting survivor’s benefits on your Social Security number if you become a public employee who is prohibited from “double-dipping.” This is the case even if your child or spouse never worked in the public sector.

U.S. Senator Dianne Feinstein is hoping to get this law changed so workers are entitled to the benefits they worked hard to obtain. In the meantime, however, always check with your human resource department when starting a new job to see what benefits you are entitled to and to make sure you are not inadvertently opting out of your Social Security benefits.

For more information on the possible pitfalls of public pensions, please read: http://www.nbclosangeles.com/news/local/Ripoff-Social-Security-and-California-Teachers.html

Saturday, April 16, 2016

The Social Security Administration Plans to Hire New Judges to Help Curb the Ever-growing Hearing Backlog

The Federal government announced its plan to hire new Administrative Law Judges (“ALJs”) for its various agencies, including the Social Security Administration (“SSA”). The ALJ application process opened on March 29, 2016 and closed on April 8, 2016. During this limited application window, applicants who met the minimum hiring requirements were able to submit applications and resumes in hopes of being selected to go through the ALJ examination process. If selected, applicants will be subjected to various tests, including an online examination, a proctored component and an interview. Applicants can be eliminated at any time. Applicants who make it through all rounds will then be issued a score and will be eligible to have their names added to the current ALJ register. Agencies looking to hire new ALJs will select their candidates from this register.

SSA desperately needs new ALJs to oversee its Social Security Disability Insurance and Supplemental Security Income hearings (“SSDI/SSI”). According to a Freedom of Information Act report from March 9, 2016, claimants have to wait an estimated 502 days to get a hearing in front of an ALJ. While this number represents the national average, some claimants in the most backlogged jurisdictions are waiting even longer to appear in front of an ALJ. Keep in mind that this 502 day average only addresses the hearing timeframes and doesn’t take into account the additional 9 to 18 months that a claimant must endure at the initial application and reconsideration levels as well.

The timeframes associated with the SSDI/SSI process are devastating to the millions of claimants who suffer from disabilities that prevent them from working. Such delays can be ruinous to families who are desperate to receive SSDI/SSI benefits in order to put food on their tables, secure shelter and access medical care. Bankruptcies and homelessness are just some of the challenges that claimants applying for SSDI/SSI may face. Thus, news that some new ALJs will be hired in the near future to relieve SSA’s backlog was welcomed by SSDI/SSI claimants everywhere.

SSA is hoping to find new ways to improve the timeframes associated with the disability claims process. Simply hiring new ALJs is not enough, but it is at least a start. We will update you when we learn how many new ALJs get hired on by SSA at the completion of application process.

Wednesday, March 16, 2016

Can I Receive Both Retirement and Social Security Disability From The Social Security Administration?

It is common for our clients to inquire about the interplay between Social Security Disability Insurance (“SSDI”) benefits and retirement benefits administered by the Social Security Administration (“SSA”). While both programs are governed by the SSA, each program has its own distinct rules and regulations.

You can apply for SSDI benefits at any time, as long as you have earned enough credits of coverage from working to qualify for the program. In order to apply for retirement, however, you must meet SSA’s age requirements. You can start to receive retirement benefits as early as age 62 and as late as age 70. If you opt to take benefits on the earlier side of the retirement age range, your benefits will be reduced, however.

You can apply for SSDI, as long as you haven’t hit your full retirement age. Once you hit your full retirement age, you are barred from filing for SSDI. You can still apply for SSDI if you are receiving early retirement though. SSA will simply pay you the difference between your SSDI rate and your early retirement amount should you be awarded benefits.

If you are receiving SSDI and hit your full retirement age, SSA will pay you the higher benefit amount out of the two programs. Thus, if your SSDI amount is higher than your retirement amount, you will continue to receive the SSDI benefit rate. If your retirement rate is higher than your SSDI rate, SSA will pay you the retirement rate. Either way, SSA will begin to refer to your benefit as “retirement” rather than “disability” as this is preferential for their statistical purposes. You are never able to collect both benefits simultaneously though.

Wednesday, February 10, 2016

Will Social Security Review My Claim To Determine If I Am Still Disabled?

Yes. Social Security Disability Insurance (“SSDI”) and Supplemental Security Income (“SSI”) beneficiaries are subject to periodic reviews by the Social Security Administration (“SSA”).

On average, SSA will review a claimant’s benefits every 3 to 5 years. However, SSA is allowed to review a claim at any time that they see fit. Thus, if SSA expects that a condition may improve or cease over a period of time, they may flag the case for a quicker review. In fact, it is not at all unusual for an Administrative Law Judge (“ALJ”) to add the condition to a decision that the case be reviewed within a 1 year period.

Additionally, SSI recipients tend to be reviewed more often than SSDI beneficiaries. This is because SSI is a “needs-based” program in which a claimant is responsible for reporting any changes in income or household earnings. Thus, claimants are charged with regularly reporting relevant changes in their economic status to SSA when they are receiving SSI benefits.

All claimants, regardless of whether they are receiving SSDI or SSI benefits, should presume they will have their eligibility regularly reviewed by SSA. In order to prevent your benefits from being terminated, stay in consistent treatment with the appropriate medical and mental health providers who customarily treat your conditions. Additionally, make sure you familiarize yourself with SSA’s rules about working while collecting benefits. Finally, make sure you report any changes in your household income levels to SSA if you are a SSI recipient.

Got a question about SSDI or SSI that you need us to answer? Please check out our website at www.westcoastdisability.com . We try to provide you with helpful information on our website that will allow you to successfully navigate the Social Security Disability process. Also, feel free to email me your questions at megan@westcoastdisability.com or call me at (800) 459-3017 x 103.

Thursday, January 7, 2016

3 Important Changes for 2016 that Could Affect Your Social Security Disability and/or Supplemental Security Income benefits

Every year the Social Security Administration (“SSA”) makes several changes to the monetary thresholds associated with Social Security Disability Insurance (“SSDI”) and Supplemental Security Income (“SSI”) benefits. It is important to know about these changes, so you are in compliance with SSA’s requirements.

1. SSA has increased the threshold value for full-time work.

In order to be found disabled under SSA’s definition of disability, you must be able to prove that you are unable to earn a certain monetary value due to the limitations from your disability. This value is referred to as Substantial Gainful Activity (“SGA”). If you are able to work at SGA levels, SSA will not consider you to be disabled. For 2016, that monthly rate is $1,130.00 for a non-blind individual and $1,820.00 for a blind individual. Thus, if you are able to earn such monthly earnings, in spite of any impairment that you have, then you are not disabled under SSA’s definition of disability.

2. SSA has increased the amount that a person can earn during a Trial Work Period.

SSA allows SSDI recipients to test their ability to work in a program called a Trial Work Period (“TWP”). During a TWP, a SSDI recipient is able to work for a 9 month period without being at risk for losing his/her benefits. These months do not have to be consecutive. Specifically, SSA looks to see whether an individual can earn at certain levels over a rolling 60 month period. If a person exceeds certain monetary levels for 9 months (even if not consecutive) over a 5 year period, then the TWP has been exhausted. SSA will then look to see if a person has exceeded SGA values (see above) to determine whether or not, the person is still under a disability. For 2016, SSA will consider any month in which a SSDI recipient earns more than $810.00 to be a month in which goods and services have been performed at a TWP level.

3. SSA has increased the value of a quarter of coverage.

In order to receive SSDI benefits, you must be insured for benefits. This means you must have paid into the Social Security system through the Federal Insurance Contributions Act (“FICA”). An individual must have worked a sufficient amount of quarters to be entitled to these benefits. Every year a person can earn up to 4 quarters. For 2016, one quarter of coverage is $1,260.00. This means you must earn at least $5,040.00 for 2016 in order to obtain all 4 quarters for the year.

For more information, please see: https://www.ssa.gov/news/press/factsheets/colafacts2016.html