Happy holidays!

Well 2020 is almost in the books. I doubt anyone is upset about that! While I know most of us would not wish to relive this year on so many levels, I hope you, your families and friends have found some blessings among all the challenges. I suspect that 2021 will be a brighter year for many people worldwide, though it may be a little while longer until life feels "normal." Let's take the lessons that we learned in 2020, those lessons about resiliency, empathy, the power of kindness, and not taking our loved ones for granted, and plan to apply them to 2021 (and every year after) in hopes of making the world a more tolerable place for more people. Now eat, drink and be merry, ring in the New Year at home, and here is to a future full of health and happiness for all of you!

Best wishes for the coming year!

Megan

Now it is time for me to dress the dogs up like reindeer! 

4 Important Changes for 2021 that Could Affect Your Social Security Disability and Supplemental Security Income benefits

Every year the Social Security Administration (“SSA”) makes important 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 Announces a Cost-of-Living Adjustment (“COLA”) for 2021

The Social Security Administration has announced a 1.3 percent benefit increase for 2021. This cost-of-living adjustment (“COLA”) will begin on December 31, 2020 for Supplemental Security Income (“SSI”) beneficiaries. Social Security Disability Insurance (“SSDI”) and Social Security Retirement recipients will see the effects of the COLA in their January 2021 benefit payments.

2.      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 2021, that monthly rate is $1,310.00 for a non-blind individual and $2,190.00 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.

3.      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 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 2021, SSA will consider any month in which a SSDI recipient earns more than $940.00 to be a month in which goods and services have been performed at a TWP level.

4.      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 2021, one quarter of coverage is $1,470.00. This means you must earn at least $5,880.00 for 2021 in order to obtain all 4 quarters for the year. 

For more information about changes to SSDI/SSI benefits for 2021, please review this Fact Sheet published by SSA: https://www.ssa.gov/news/press/factsheets/colafacts2021.pdf.

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 101.

New Online Video Hearings

The Social Security Administration (“SSA”) and hearing offices still remain closed to the public at large due to COVID-19. However, the local Social Security offices are offering scheduled office visits for dire need situations only. You can only show up at your local Social Security office if SSA has scheduled an appointment for you due to some extraordinary circumstance. The hearing offices remain closed to the public in all circumstances.

As pandemic hot pockets continue to pop up in sections of the country, I do not expect that this will change anytime soon, especially as we get ready to enter the flu season.  Thus, we continue to perform all hearings telephonically. It has worked surprisingly well so far and we have only experienced a few technical difficulties, usually due to an expert being in a remote area with poor phone reception.

SSA announced this month that they will begin to offer online video hearings this Fall for claimants interested in utilizing video. The service will be offered on a Microsoft team platform. We have been ensured that the platform is both stable and secure.

I have not heard when SSA plans to start conducting these video hearings specifically. Currently, all hearing notices are indicating the hearings are still telephonic in nature. I have also heard that the video platform is optional. Thus, do not worry if you do not have access to a device that has a camera. Believe me, I know plenty of people who still have flip phones. We will be able to continue with telephonic hearings in such instances.

To be honest, you normally cannot see a person’s disability. Thus, I am not sure how much the video interaction adds to the process. I understand why some claimants want to wait for an in-person hearing, as they feel a call or a video screen marginalizes the hearing experience, but when it comes to a telephonic versus a video hearing, it makes little difference to me. Thus, I will let my clients choose what they are most comfortable with for the hearing experience. When I know more about the process, I will offer more insight. For now, you can read about the potential video hearings at: https://www.ssa.gov/news/press/releases/2020/#9-2020-1.

 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 101.

What is Going On With Mail Delivery?

I have been hearing from my clients that many of them are not getting timely delivery of their mail from the United States Postal Service (“USPS”). Some of my clients have indicated that they are not even getting mail delivered six days a week anymore.

I had started noticing slight delays in mail delivery times over the last couple of months and chalked it up to the ramifications of the stay-at-home order from COVID-19. After all, a lot more people were mailing letters and packages to loved ones and friends during the isolation.

However, I noticed that mail service has gotten much worse over the last few weeks. I have had both business and personal priority one-day packages stuck in “transit” for several weeks. They seem to be getting delayed at the USPS Los Angeles Distribution Center.

Thus, I decided to file some complaints and claims with USPS to see what is going on.  Afterall, Social Security Disability and Supplemental Security Income claims are governed by specific time frames. I have to make sure that my clients are receiving timely notifications from the Social Security Administration (“SSA”) to ensure that we take timely action and respond appropriately.

I learned that President Trump appointed a new Postmaster General, named Mr. Louis DeJoy on June 15, 2020. He is from the private sector and spent his career working in logistics. He also happens to be a major donor to President Trump’s reelection campaign.

One month into the job, Postmaster General DeJoy implemented significant changes in hopes of cutting costs. Overtime was eliminated and mail carriers are being told to return any mail that they cannot delivery within their shifts back to the office for a later delivery. Postmaster General DeJoy admits that these changes will increase delivery times and result in mail being left on the workroom floors or the dock. However, he feels these actions are necessary to make USPS solvent again.

It is not secret that USPS has had their share of troubles over the years. I understand that Postmaster General DeJoy needs to take significant action to make USPS a more efficient agency. However, is now the time to do this? Should we really be monkeying with USPS’s budget during a pandemic when reliable mail is more important than ever? Should we be increasing delivery times at USPS when an election is less than three months away? Common sense would dictate a definite “no” to those questions, but that is where we are currently.  

Locally, I was told by two different supervisors at the Los Angeles Distribution Center that I should stop paying for priority and express services and use a different private carrier if I needed to get my package anywhere at a particular time. I was also told that a package “in transit” does not mean it is lost, in spite of the fact that it is now four weeks late for its one-day delivery.

There is going to be a hearing with the House Oversight Committee to address these changes on September 17, 2020. There are also some rumors that an investigation is being launched due to the suspicious timing of these changes in conjunction with what is likely going to be a contested election.

For now, we are stuck with the USPS delays. However, I wanted to make sure that you are all aware of the situation. It is more important than ever that you call me if you receive any letters from SSA. I, in turn, will call you if I receive any mail from SSA on your behalf. We can no longer assume that we will all get our mail delivered in a timely fashion, so we have to work in coordination with one another until USPS fixes these delays.

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 101.

 

Let Your Voices Be Heard!

As a Social Security Disability attorney, my blog is dedicated to information regarding the Social Security system. Occasionally, however, life is such that I may stray from topic. This is one of those times.......

It has been one heck of a year, hasn't it? COVID-19 stopped the national economy in its tracks since the middle of March. Systemic racism continues to rear its ugly head and a powerful collective of outraged citizens met the violent bigotry with peaceful protests demanding meaningful changes. A few idiots (and you know who you are) tried to blight the overwhelmingly lawful protests by looting, but it didn't damper the growing demand for justice for all.

I just heard that Derek Chauvin, the Minneapolis officer who murdered George Floyd, has now been officially charged with second degree murder. He previously was facing a third degree murder and a second degree manslaughter charge. The three other officers who were on the scene during George Floyd's death were charged with aiding and abetting the murder.

Is this an indication that demands for justice were finally heard? I think so. Does this mean that maybe, just maybe, our nation is on the cusp of making meaningful progress in recognizing and rectifying the disproportionate atrocities that have been committed against people of color? I hope so, but the collective voice needs to stay loud.

Those who want real change cannot be complicit in five months when it comes time to vote. As citizens, we must hit the polls and choose leaders who truly view the United States as a nation that is strengthened by its diversity. Voting is such an important right and it should be executed by all individuals who are eligible to vote. I am not telling you who to vote for...the beauty of our country is that you can vote for whomever you want! Now more than ever, however, it is crucial that all Americans make their voices heard. We have choices. We can elect leaders who promote our values or you can sit on your couch hoping for another season of "Tiger King" and do absolutely nothing. So mark your calendars for five months from today and get out there and Vote! Vote! Vote!

In the meantime, keep up the peaceful protests! Keep real and open dialogues going that help to end injustices and when the polls open on November 3, 2020, let your voice be heard via a ballot!

Touching Base......

Hello everyone,

I just wanted to check in and give you all a status update. As we are all aware, COVID-19 continues to wreak havoc on our physical, emotional and economic health. I know these are difficult times for everyone. I think everyone feels unsettled and I just want you all to know that you are not alone.

I am hearing from clients and new callers alike about how devastating this whole experience has been for them and their families. People are sick and some are dying. Many people have lost their jobs. Parents are struggling with the fact that many have had to transition to the role of "teacher," which not all student/children are thrilled about. It is hard to get appointments with doctors. It is difficult to get medications in many instances...and it is still impossible to find toilet paper!

However, there are some blessings that are coming out of this whole experience. People seem to be truly more concerned about one another. I have heard from friends and former clients that I haven't spoken to in years, just checking in to make sure that I am okay.  I have seen more families out and about walking their dogs and riding their bikes. Many people adopted furry friends from shelters to help ease both their own and a needy pet's loneliness. Nature is thriving. I know this b/c my dogs discovered a family of possums. This discovery led to some possum houseguests for a while in fact.

We are still open and conducting business if you need anything at all. As we share our floor with a walk-in clinic, we are currently teleworking. However, we are still able to retain new clients, file applications and appeals, as well as do medical development on your cases. SSA is currently holding  hearings telephonically and they have been going very well for the most part. It sounds like SSA plans to hold hearings this way through at least the end of July and possibly August.

I have always worked at home a couple of days a week when possible, as I tend to travel around to hearings often and enjoy eliminating a commute when I can. Thus, I was well-equipped to adjust to the "shelter in place" order. Social Security has always limited their employees' access to email and the internet, so conversely, it has taken them some time to get their employees up to speed, but I feel they have really made great strides in a short period of time.

I have to say that I have been talking to a much kinder and more helpful version of SSA lately. They seem to understand how essential their jobs are now, as Social Security Disability Insurance and retirement recipients are some of the most vulnerable members of the population who happen to be experiencing some of the most dire consequences from COVID-19 currently. I have actually had more personal conversations with SSA employees than I have ever had before. They are apologetic for the delays and seem to be trying their best to get through the backlog as quickly as they can.

SSA employees also are experiencing their own challenges like the rest of us. Some of them are homeschooling kids. Some of them have spouses and children that have lost jobs. Some SSA employees have sick family members with COVID-19. Thus, I am keeping this in mind every time I check on your cases. Unfortunately, the reality is that COVID-19 has affected everyone in the whole world at this point.

Thus, I just wanted to say hello. I am thinking of you all. I am still here if you have questions about your cases or if you just want to vent about this new reality. I apologize in advance if when we are on the phone, you hear my current home assistants, Pepper and Copper, barking in the background. My "fur kids" are loving this "shelter in place" order. In fact, I think pets are the only ones thrilled with life right now. I have attached a photo of the pups to this blog, as some of you have inquired as to the "unique" noises my pups make in the background during our calls.

That is it for now! Be well. Stay safe. Take care of each other and don't be strangers. I am around if you need anything.

SSI Recipients To Receive Automatic COVID-19 Economic Impact Payments

Yesterday, the Social Security Administration ("SSA") announced that Supplemental Security Income ("SSI") recipients will automatically receive Economic Impact payments no later than early May. The payments will be issued directly from the US Treasury.

 

SSI recipients with no qualifying children do not have to take any additional steps to receive the $1,200 payment. If you are a SSI recipient with qualifying children under the age of 17, however, you should  go to the IRS's webpage at  www.irs.gov/coronavirus/non-filers-enter-payment-info-here and provide information at the "Non-Filers: Enter Your Payment" section. This will allow the SSI recipient to receive an additional $500 per dependent child. For more information, read SSA's press release at: https://www.ssa.gov/news/press/releases/2020/#4-2020-3

SSDI/SSI Hearings To Be Conducted By Phone For Now

Quick Update!

I have not been called on any of my cases yet (I don't have Court until next Tuesday), but it sounds like the Office of Hearings Operations ("OHOs") are going to have us do the SSDI/SSI hearings by phone indefinitely due to the social distancing requirements from the coronavirus. We can also request a postponement, but as there is no guarantee that the hearing will be put back on schedule in a timely manner, this may not be the best option. It sounds like SSA may call from a private phone number to confirm the best phone number to reach you at for the hearing, so do not expect to see a (866) or (800) number on your caller ID if you hear from SSA directly .

 

We all have to come up with creative solutions during this difficult time, so I applaud SSA for trying to keep these cases on calendar.

 

 

 

Social Security Offices Close For in-Person Service Beginning March 17th Due to Coronavirus

The Social Security Administration ("SSA") just announced that they are closing their local offices for in-person visits beginning tomorrow, March 17th, 2020, due to the coronavirus. People will still have access to SSA's online services and phone appointments are still available. You just cannot physically go into your local SSA office. Those who already had SSA in-person office visits scheduled will have their appointments via telephone conference instead.

Understandably, SSA is doing their part to limit the spread of the virus. Social isolation seems to be key at this point to prevent the spread of the virus. The good news is SSA is still operational. We only deal with SSA online and by phone anyhow, so this should not affect our ability to work on your cases.

As far as we know, the Offices of Hearings Operations ("OHO") remain open for business. Thus, there is no indication any disability hearings are being canceled. If we hear otherwise, I will certainly post it on this blog. I will also call those of you who have hearings scheduled if the government postpones them.

Here is the link to the press release from SSA notifying us of their in-person office closure: https://www.ssa.gov/news/press/releases/2020/#3-2020-2

I am so sorry folks. I know this has been an awful couple of weeks on multiple fronts. I just hope that you all stay well and don't go stir crazy. Hunker down at home if you can. Hopefully you all got the toilet paper that I was silly enough to think would be available at the stores. Most of all, take care of each other. This virus has affected our whole planet. The one good thing that may come out of this is that we will start to recognize that "we are all in this together" and maybe it will help restore our ability to display kindness and empathy, as well as collaborate with one another. That would be a nice change on the political front, wouldn't it?

Comments Closed In Proposal To Increase Disability Reviews

Comments closed on January 31, 2020, for those who wished to address the proposed rule changes published on November 18, 2019, at 84 FR 63588, which seek to revise the frequency at which the Social Security Administration (“SSA”) conducts their continuing disability reviews (“CDR”).

One of the main features of the proposed changes to the regulations is that SSA would add a fourth category to the current medical review categories.  The current categories include Medical Improvement Expected (“MIE”), Medical Improvement Possible (“MIP”) and Medical Improvement Not Expected (“MINE”). The new category would be called, Medical Improvement Likely (“MIL”), and would allow SSA to review a claim every two years if the Administration designated that a claimant’s chance of medical improvement was likely.

 There is no doubt that reviews are a necessary part of the disability process. However, there are concerns that the new proposed category would allow SSA to prematurely review claimants’ cases and terminate their benefits before they were ready to return to work.  

Comments have been accepted and now we must wait to see if the proposed regulations are adopted.

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.