Can You Believe It Has Been A Year?

It is really odd to think that is has been a full year since the Social Security Administration closed its doors to the public due to the pandemic. Social Security shut down on March 17, 2020, and began to offer services by phone and online only. We still have no word on when they plan to open their doors to the public. They have provided no details as to when they may start to allow in-person appointments again. 

The prolonged closure has been a trying time for the Social Security Administration and the claimants it serves. There have been some positive and impressive aspects of Social Security's virtual service, but there have been an equal amount of drawbacks. Thus, I thought it would make sense to give you an idea of what Social Security is doing well during the pandemic and where they are failing. Below is a list of 3 things that Social Security got "right" during the pandemic and 3 things that SSA got "wrong" during the last year.

3 Things That SSA Got Right During The Pandemic

• 1.      The Offices of Hearings and Appeals have been amazing during the pandemic. They get a giant “A” as in awesome in my book for their ability to not only adapt during the pandemic, but thrive! The hearing office employees really have stepped up to the plate. Not only did they immediately start to offer phone hearings to keep all disability hearings calendared, but they somehow have miraculously eliminated long waiting times and backlogs.
• 2.      The Social Security Administration understood that most claimants would not feel comfortable being evaluated by consultative examiners at Social Security’s request, given the risk of exposure to COVID-19, so very few consultative examinations with Social Security's doctors have been scheduled.
• 3.      Decisions by the Offices of Hearings and Appeals are getting regularly issued within 60 days. The hearing office staff seems to understand the desperate situation that claimants are in in light of the pandemic and seem to be getting the decisions out in record time.  

Three Things That SSA Got Wrong During The Pandemic

• 1.       The local Social Security offices that serve claimants prior to a hearing level get a giant “F” for failure in my book for their efforts to serve the public during the pandemic. Social Security claims that they have added more employees to answer questions from claimants, and their attorneys, but the reality is it is very difficult to get through the phone lines to the local office. Even if you are lucky to get through the phone line and manage to leave a message for a Social Security caseworker, you will rarely get a call back, even when you leave a message for a manager (I am talking about you SSA Torrance and SSA Long Beach!). There appears to be no accountability while the Social Security employees continue to work from home.
• 2.       Social Security is not logging in mail in a timely manner. Supposedly, the local Social Security offices only have one or two employees going in twice a week to log in all of their mail. Important legal documents are being lost. Social Security employees are claiming they haven’t received materials that have mailed and faxed to them on several occasions. Mailing something to the local Social Security office currently has about a fifty/fifty chance of disappearing into the local office abyss, but that hasn’t stopped the local office for demanding that claimants mail in original birth certificates, marriage certificates and proof of citizenship. 
• 3.       Due to the continued problems with getting the local Social Security offices to answer their phones, log in their mail and develop cases in a timely manner, it has been taking longer and longer to get decisions at the lower levels. In spite of this, Social Security made its first, and only, attempt to provide outreach to the most “vulnerable populations” that they serve by issuing an email on February 26, 2021, which provided us with a specialty email, and a phone number, if we had claimants who met their “dire need” profile. Shouldn’t such outreach have been done a year ago – not a full year into the pandemic?     

As you can see, Social Security’s response to the pandemic has been inconsistent. The hearing offices have proven to be the rock stars of the pandemic and I applaud and thank them for all the efforts they have made for the claimants. Unlike the hearing offices, the local Social Security offices' response to the shutdown has done nothing, but further the notion that the Social Security Administration could care less about the populations that they serve. Hopefully the poor performance from the local Social Security offices will improve under the new Administration. The hearing offices have proven that they are made up of efficient and responsible employees who can successfully work from home. However, the local Social Security offices have shown us continuously that they will only operate on a marginal basis, until they are forced to return to their offices. Isn't it about time for them to open up?

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.

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.