The Social Security Administration (“SSA”) had previously proposed that they would start reopening the field offices on January 3, 2022. On December 22, 2021, SSA scraped those plans. In the announcement, SSA does not explain why the field offices remain closed to the public, but we have to assume they would cite COVID-19 as the continued culprit, considering the rise of Omicron, which still sounds to me like the name of a sinister Transformer from my childhood cartoons.
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.
Tuesday, January 4, 2022
SSA IS NOT Reopening This Month
Friday, December 24, 2021
4 Important Changes for 2022 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 2022
The Social Security Administration has announced a 5.9 percent benefit increase for 2022. This cost-of-living adjustment (“COLA”) will begin on December 30, 2021 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 2022 benefit payments. This is the largest COLA in close to 40 years.
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 2022, that monthly rate is $1,350.00 for a non-blind individual and $2,260.00 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 2022, SSA will consider any month in which a SSDI recipient earns more than $970.00 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 2022, one quarter of coverage is $1,510.00. This means you must earn at least $6,040.00 for 2022 in order to obtain all 4 quarters for the year.
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.
Tuesday, December 7, 2021
10 Interesting Statistics About The Social Security Disability Insurance Program
Last month, the Social Security Administration (“SSA”) published their statistics addressing the Social Security Disability Insurance (“SSDI”) program for 2020. The findings were outlined in a 218-page document that is available at this link: https://www.ssa.gov/policy/docs/statcomps/di_asr/2020/di_asr20.pdf. Among the many statistics, below are 10 interesting highlights from the 2020 publication.
1. SSA paid disability
benefits to 9.5 million people.
2. The average
age for a recipient of SSDI benefits was 55.
3. The average monthly
payment amount issued to a beneficiary was $1,277.55.
4. The majority
of cases granted were based on musculoskeletal system and connective tissue
disorders.
5. West Virginia
had the highest rate of individuals on SSDI per resident population at 8.4%.
6. Hawaii and
Utah tied for the lowest rate of individuals on SSDI per resident population at
2.6%.
7. Benefits were
stopped for 892,811 disabled workers.
8. One out of
ten recipients of SSDI benefits were also eligible for Supplemental Security Income
payments.
9. More men were
on disability benefits than women.
10. In December of 2020, almost $11.6 billion was paid to disability beneficiaries.
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.
Sunday, October 3, 2021
Federal Employees Must Be Fully Vaccinated by November 22nd.
The deadline for Federal Employees to be vaccinated is November 22nd, unless they meet one of the limited circumstances where an accommodation is legally required. Does that mean Social Security is getting ready to reopen their doors to the public in December? My guess is no.
I have a feeling that Social Security will wait until they get through the winter months due to the fact that I suspect they will be weary to reopen during flu season with COVID-19 simultaneously taking place.
I know I have said this before, but while Social Security's hearing offices are functioning very well during the pandemic, it is near impossible to get through to the local Social Security offices when working on the lower levels of the claims. The longer that Social Security's field offices stays closed to the public, the further they fall behind.
The problem is that many of the employees who staff the field offices do not want to stop working remotely and are threatening to quit if they are forced to return to the office. I get that people prefer to work from home, but it only works if all employees work diligently. I think there are too many bad apples who take the work-from-home initiative as a paid vacation and have ruined the prospect of a more permanent work-from-home program for the SSA employees who took it seriously and did not abuse the opportunity.
This is a problem that both the Feds and the private sector have faced. Not everyone can work effectively from home and stay focused in a home environment. The million dollar question is how do you set up an employment structure that allows proactive employees to work from home, while forcing employees who struggle working from home to return to the office? I cannot even imagine the back and forth arguments that are taking place at Social Security in regards to this issue. I just keep telling my clients that Social Security will probably reopen their doors sometime in 2022, but until that happens, they need to be prepared for delays and subpar service when dealing with the local field offices.
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.
Friday, September 17, 2021
SSA Trust Funds Projected to Be Depleted By 2034
Social Security issued a press release on August 31, 2021, revealing that the combined assets of reserves for both the retirement and disability funds will be depleted by 2034. This means that only 78 percent of an individual's benefits would be payable at that time. For more information about this projection, please read the press release at: https://www.ssa.gov/news/press/releases/2021/#8-2021-2
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.
Saturday, August 21, 2021
The Social Security Administrations Announces 12 New Compassionate Allowances Conditions
The Social Security Administration (“SSA”) added 12 new Compassionate Allowances conditions to the Compassionate Allowances program. This brings the total number of conditions on the list to 254. Disabilities that comprise the Compassionate Allowance list represent the most serious disabilities that affect individuals. The purpose of the program is to expedite disability decisions, so individuals suffering from these severe diseases receive their benefit decisions as quick as possible. Close to 700,000 people with life-threatening disabilities have received their benefits through this expedited process. The new additions include:
1. Charlevoix Saguenay Spastic Ataxia (ARSACS)
2. Choroid Plexus Carcinoma
3. CIC-rearranged Sarcoma,
4. Congenital Zika Syndrome
5. Desmoplastic Mesothelioma
6. Duchenne Muscular Dystrophy – Adult
7. Pericardial Mesothelioma
8. Refractory Hodgkin Lymphoma
9. Renpenning Syndrome
10. SCN8A Related Epilepsy with Encephalopathy
11. SYNGAP1-related NSID
12. Taybi-Linder Syndrome
To see a complete list of all the impairments which qualify for the Compassionate Allowances program, visit this website: https://www.ssa.gov/news/press/releases/2021/#8-2021-1
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.
Monday, July 26, 2021
Social Security’s Commissioner Fired By President Biden In A Changing Of The Guard
July 9, 2021 marked a “changing of the guard” at the Social Security Administration. Commissioner Andrew Saul, a Former President Donald Trump appointee, was fired by President Biden after Saul refused to resign. In his place, President Biden hired Kilolo Kijakazi to be the Acting Commissioner.
The firing is not without controversy, though is any firing? Saul is claiming the firing is unlawful as his six-year term is not set to expire until 2025. However, there are Supreme Court decisions that indicate that a President has the authority to fire the head of an independent agency. Saul, for his part, has gone to the media to state that his firing violates a law created to protect an agency from partisanship.
I never understood why Trump appointed Saul to begin with. Andrew Saul didn’t seem to have any experience that would be helpful to SSA, though I understand both Trump, and he, attended Wharton School of the UPENN together. As is commonly seen in the political realm, sometimes career advancement is not based on what you know, but who you know.
However, there were two things I liked about Saul. First, Andrew Saul understood that by embracing technology, SSA could become more efficient in the processing of benefit claims. Even prior to the pandemic, it was very difficult to get exceptional customer service at SSA’s field offices. Thus, as SSA began to add more and more services online, the less the public, and their representatives, would even have to contact personnel at the field offices.
Second, Saul recognizes the reality that SSA’s continued work-at-home protocol during the pandemic, and refusal to open their doors to the public, has had disastrous consequences when it came to the timely processing of claims. SSA is trying to claim that an internal survey indicated that 80 percent of the field office staff stated they are “more productive” when they work from home. Well…if you believe that, then I am unicorn trainer in my spare time. Would you like to purchase one of my rainbow-colored unicorns? They have the ability to jump over the moon.
The reality is it is impossible to get through SSA’s phone lines. Mail is not being opened in the timely manner and SSA CONTINUES to blame the poor service on the pandemic, in spite of the fact that the lion-share of the private sector has adapted to the challenges of the pandemic and are working successfully.
Let me clarify one thing. I am not talking about the Office of Hearings Operations (“OHO”). I am talking about the SSA field offices. The OHO staff have been the rock stars of the pandemic when it comes to customer service. In fact, if the entire OHO staff wants to work at home for the rest of their lives, I support it. They answer calls, return calls, send letters, get decisions out rapidly, and have managed to drastically reduce the hearing waiting time in the midst of the pandemic. They have actually improved their service during the pandemic. Conversely, the SSA field offices appear to be marginally operational right now. Saul understood this, and by seeking to reopen the field offices, he cemented his fate.
Am I glad that Biden has appointed an Acting Commissioner who actually has knowledge and experience in the disability and retirement sector? Of course I am! However, the sudden departure of Andrew Saul leaves the reopening status in question, an indefinite limbo, that is negatively impacting the disabled and the retired.
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.