Social Security Disability News

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.

Thursday, September 4, 2014

Expediting Social Security Disability Insurance Claims

Applying for Social Security Disability Insurance and Supplemental Security Income (SSDI/SSI) benefits is a lengthy process. It can take anywhere from 6 to 36 months to get a claim resolved, depending on how many stages of the process your claim must go through. People often ask us if there is a way to shorten the timeframes. While the Social Security Administration must follow due process and not expedite one individual’s claim over another individual’s claim for arbitrary reasons, SSA does expedite certain cases if a claimant meets certain criteria. Below is a list of cases that receive critical designations.

1. TERI Claim – A TERI case is a case that is expedited because an individual has a terminal illness that is irreversible, untreatable and expected to end in death. A claimant must present objective and clinical evidence proving his/her illness is terminal to receive this designation. Stage 4 cancer cases often receive TERI designations.

2. Compassionate Allowance Claims – SSA has published a list of diseases and impairments that are so inherently severe that SSA deems them as disabling. Disabilities that comprise the Compassionate Allowance list represent the most serious disabilities that affect individuals. If an individual has one of the listed illnesses on this link https://secure.ssa.gov/apps10/poms.nsf/lnx/0423022080, and fits the stated criteria, he/she will be awarded benefits, as long as he/she meets the technical requirements for the SSDI/SSI program.

3. Wounded Warrior/100% Service Connected Veterans – Veterans who were either wounded in the course of active duty OR who are rated 100% Permanent and Totally (“P&T”) disabled by the Department of Veterans Affairs (“VA”) will have their claims expedited. SSA will still require that the veteran meet SSA’s own definition of disability. However, the veteran will not have to wait the normal average timeframe of 120 to 270 days it takes SSA to process a claim.

4. Potentially Violent Claims – Claimants who are homicidal, suicidal or potentially violent may have their claims expedited. There must be some legitimate indication that a claimant is violent. For example, records from hospitalizations of repeated suicide attempts can demonstrate the claimant has a real threat of violent behavior.

5. Dire Need Claim – A case can be flagged as critical if a claimant can show that he/she lacks food and is unable to obtain it, lacks critical medication or medical treatment, or lacks shelter. A claimant can submit eviction notices, foreclosure notices, shut-off notices, and other items to substantiate the claim that his/her case meets the “dire need” standard. Due to the poor economy, many individuals meet this standard currently and request a “dire need” designation. While the increase of “dire need” requests has meant that SSA is not always able to reduce the timeframes as much as we desire, SSA may be able to reduce the waiting timeframes by several months.

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.

Friday, August 1, 2014

Planning to Endure the Social Security Disability Process

Applying for Social Security Disability Insurance (“SSDI”) and/or Supplemental Security Income (“SSI) benefits takes some planning as it is not a quick process. Remember, these are Federal benefits, so you are at the mercy of bureaucratic timeframes and increasing backlogs. Due to the fact that the majority of people are denied initially, it is not surprising to learn, that it can take between eighteen months to two years to get a claim resolved.

This can be a great financial burden for a claimant. If someone is too disabled to work, how can he/she survive the lengthy application and appeal process? This is not an easy question to answer. However, we have put together some tips that may help you survive the government backlog.

1. Check to see if you paid into the State Disability system – California is unique in that it has a State Disability system. Most States do not. Assuming you have paid into it, the State will provide a disabled individual economic benefits for up to one year. These benefits are administered through the Employment Development Department (“EDD”). Please note that the State has strict timeframes for applying, so if you are disabled Californian, please contact the State at http://www.edd.ca.gov/disability/ as soon as possible.

2. Check to see if your employer sponsored a Long-term Disability policy for you – Some companies include Long-term Disability policies in their benefits packets. Often, employees do not even realize that they have these policies in place to help protect them in the event they become disabled. If you are not sure whether you had a Long-term Disability policy through your former employer, contact the Human Resources (“HR”) department for that employer. HR will be able to confirm whether your benefit package included a Long-term Disability policy.

3. Contact other Federal, State and County programs to see if you may qualify for their benefit programs – Depending on your assets, you may be able to qualify for General Relief, food stamps, government housing, and/or In-Home Health Services. Contact the administrators of these programs to determine your eligibility.

Applying for SSDI/SSI is a lengthy process. Having a financial plan in place before you start the process can help to eliminate some of the stress you may have as you navigate the Social Security Disability system.

Thursday, June 5, 2014

June is Post-Traumatic Stress Disorder (“PTSD”) Awareness Month

June is Post-Traumatic Stress Disorder (“PTSD”) Awareness Month. PTSD is a type of anxiety disorder that occurs if an individual goes through an extreme physical and/or emotional trauma that involves the threat of injury or death. Individuals who suffer from PTSD sometimes relive the traumatic event in the form of nightmares or flashbacks. Individuals with PTSD may also avoid certain situations and people that remind them of the event or may try to block out the event altogether from their memories. People with PTSD may be hypervigilant, startle easily or have difficulty falling asleep.

The most common events leadings to PTSD are combat warfare, physical abuse, sexual assault, and being threatened with a weapon. Children who are the victims of any type of abuse are prone to PTSD.

PTSD has been in the news lately due to the latest scandal at the Veterans Administration (“VA”). It was discovered that many veterans across the nation were subject to excessive wait-times for both mental and medical treatment at the VA. The VA’s Inspector General discovered that at the Phoenix VA alone, 1,700 veterans were put on wait-lists that averaged 151 days for just an initial appointment with a primary care physician (See article at http://www.washingtonpost.com/blogs/the-fix/wp/2014/05/21/a-guide-to-the-va-and-the-scandals-engulfing-it/). There is also evidence that records were falsified to make it appear as if the wait-times were not so drastic.

For individuals suffering from PTSD, delays in treatment can be devastating and mean the difference between life and death. We do hope that the pressures from the public, Congress, and the media result in beneficial changes to the VA system, so that the brave men and women who have served our country, get the treatment they deserve.

For more information on PTSD, please visit our website at http://www.westcoastdisability.com/The-Social-Security-Disability-Claims-Process/Impairments-Mental/Post-Traumatic-Stress-Disorder.shtml

Tuesday, May 20, 2014

Attorneys’ Fees in Social Security Disability and Supplemental Security Income Claims

Attorneys’ fees are highly regulated under Social Security Disability Insurance (“SSDI”) and Supplemental Security Income (“SSI”) law. In fact, with the exception of Veteran’s Administration law, SSDI/SSI law is the only other area of law in which the Federal government sets the attorneys’ fees.

Attorneys are only paid a fee in SSDI/SSI law if they win the case. This is called a contingent fee arrangement as the fee is “contingent” on the attorney winning the claim. In the majority of claims, if the attorney wins a SSDI/SSI case, the attorney will be paid 25%, or $6,000.00, whatever is less, out of the retroactive benefits. Retroactive benefits are the benefits that accrue while a claimant waits for the Social Security Administration to grant a claim. Once a claim is granted, an attorney is not entitled to any fees from future benefits. In most cases, SSA withholds the attorneys’ fees from the retroactive benefits and pays the attorneys directly.

The fee agreement described above is how attorneys are paid in the vast majority of SSDI/SSI claims. There are some exceptions, however. If a claim is denied by an Administrative Law Judge, the attorney may have to appeal a case to the Appeals Council, and possibly, Federal Court levels. These stages represent the fourth and fifth potential stages in the SSDI/SSI process. Due to the additional work required at these two levels, an attorney can petition for up to 25% (not limited to $6,000.00) of the retroactive benefits at the Appeals Council and Federal Court levels. In order to receive a fee at these stages, the attorney must submit his/her hour logs and work entries showing the work that he/she did on a claim to SSA or a Federal Court Judge. SSA or the Judge has to approve this fee petition.

In claims where there are no retroactive benefits, the attorney may also have to file a fee petition to SSA and request a reasonable fee for his/her services. SSA will determine a reasonable fee in such matters. In such instances, SSA will require that the claimant pay the attorney the fee directly. If the claimant does not pay the attorney timely, SSA will send the claimant’s benefits into Overpayment and deduct the attorneys’ fees from the claimant’s monthly benefits.

In rare instances, specifically when we are handling an Overpayment matter or a Continuing Disability Review claim, we will require an upfront retainer fee prior to representation. This is because there are never any retroactive benefits available in such matters. Thus, if we are successful, our fee will come from the retainer fee. If we do not win your claim, the retainer fee will be returned to the claimant in full.

For more information about attorneys’ fees, please visit the link on our website at: http://www.westcoastdisability.com/The-Social-Security-Disability-Claims-Process/Attorney-s-Fees.shtml.

Wednesday, May 14, 2014

Your Social Security Earning Statement

The Social Security Administration (“SSA”) used to send out an annual statement about three months before everyone’s birthday explaining an individual’s entitlement to Social Security Retirement and/or Social Security Disability benefits. SSA stopped sending out these statements in 2010 due to budget cuts. You can still access this information if you set up an online account with SSA at http://www.ssa.gov/myaccount/. It is a free service.

Make sure you are access the exact link that I mentioned above. There are some private commercial sites that have no affiliations with SSA that may try to charge you a fee for information that is already free. If the website does not end in .gov, it is not the real SSA website.

I recently set up an account myself to see how user-friendly SSA’s online accounts were. I was quite impressed as it took me less than ten minutes to set up an account. Once I created my account, I had access to valuable information about my full retirement, early retirement, disability, and survivor’s benefits. I could also view my taxed Social Security earnings and taxed Medicare earnings to make sure they were accurate.

It is very important to periodically check your online SSA statement. Accounting errors do take place and you want to make sure that your Social Security earning record matches your own personal earnings records and W2s.

Please note that not everyone pays in the Federal Insurance Compensation Act (“FICA”). You must pay into FICA to be insured for Social Security Disability benefits. Some County and State employees have their own private pension plans through their employers and do not pay into Social Security Disability. If you notice that there is no mention of disability benefits on your online earning statement, you may want to call the human resource department at your employer’s office, to verify if you paid into FICA or not. If you think there is an error on your earnings record contact SSA at 1-(800) 772-1213.

Wednesday, April 2, 2014

Social Security Establishes a Fraud Prevention Unit

The Social Security Administration “SSA” announced this week that it has created a centralized fraud prevention unit in New York City to identify fraudulent activity in the Social Security Disability system nationwide. The unit will initially have 20 disability examiners. They will be tasked with reviewing cases and analyzing current fraud trends to prevent new cases of fraud from happening in the Social Security Disability system. The analysts in this unit are currently re-reviewing the disability medical decisions resulting from recent indictments in Puerto Rico and New York City.

We are pleased to see the development of a fraud unit. Individuals who try to cheat the Social Security Disability system should be prosecuted for taking fraudulent measures to achieve benefits. The actions of these few bad apples affect every truly disabled claimant out there because the exploits by these unethical individuals cause our county, the media and Congress to attack this valuable Federal program.

If you know of someone who is committing fraud in the Social Security Disability System, contact the Social Security Office of the Inspector General at 1-800-269-0271, or visit http://oig.ssa.gov and click on “Report Fraud, Waste, or Abuse.”

In addition, SSA is taking greater measures to protect the identity and private information of the claimants. Since January 2014, SSA is adding security questions to its screening process for callers who are requesting information on a claim. Historically, SSA would ask a caller to verify basic biographical information like birth date, address and phone number. Now SSA is asking callers to confirm the place of birth and the mother’s maiden name of the claimant before revealing any information about the status of the claim to an authorized representative. Thus, Cari and I may be asking you to verify this information with us, so SSA will communicate with us via telephone on your claim.