Category Archives: social security disability

New Social Security Disability Rules Make Presenting Your Case Tougher

Today’s post comes to us from our colleague Ryan Benharris of Fall River, Massachusetts.

 

In December, 2010, the Social Security Administration (SSA) implemented a set of rules put in place to enable more effective case review. One of the major changes was that Applicants will no longer know who their Administrative Law Judge is prior to their scheduled hearing.

A recent article in the Wall Street Journal (WSJ) noted that these judges seem more concerned with the speed of case processing than on whether the applicants actually deserve benefits. The WSJ also indicated that some judges were approving more than 85% of the cases they heard in what was allegedly an effort to have the cases resolved more quickly.

Unfortunately, for applicants, this change in practice has made their cases much harder to litigate. Many Administrative Law Judges have different styles of practice in how their cases are heard. An attorney may present information in a different style depending on the judge.

The importance of an applicant being represented by an attorney before the Social Security Administration has never been clearer. Since there is no way to know who the Administrative Law Judge is prior to the hearing, it is absolutely imperative that every case prepared in accordance to all rules governing how cases are tried before the court. If even the slightest detail is overlooked, it may prevent an applicant from being allowed to present evidence that could win his or her case.

Prior results do not guarantee outcomes.
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Monday Workers’ Compensation Q&A: I am already getting Social Security and a Pension…

QUESTION: IF I AM GETTING SOCIAL SECURITY DISABILITY (SSD) AS WELL AS A PENSION DOES THAT MEAN I CANNOT GET WORKERS’ COMPENSATION AS WELL?

ANSWER: YOU CAN GET STILL GET WORKERS’ COMPENSATION WHEN YOU ARE RECEIVING A PENSION AND SSD.

At 55, Joe was a walking museum of every accident he had ever had in his 30 years of working the job. That last accident put him out of work for almost two years. Luckily, he filed all the paperwork, submitted all the forms, crossed all his ‘Ts’ and received Social Security Disability (SSD). But after three decades of hard work, Joe had had enough and so he started the paperwork to retire. But he was worried. He had planned on applying for Workers’ Compensation, but he wasn’t sure he’d could since he was already on SSD and about to receive his pension. What should he do?

File, Joe! File!!

The combination of Workers’ Compensation, Social Security Disability and a pension is called the Trifecta, a Triple Crown of benefits, so to speak. Continue reading →

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Important Changes Are Coming to Social Security in 2012

Changes to Social Security are coming in 2012. Beginning in the new year, the threshold (maximum amount) a disabled, non-blind, person can make per month to qualify for Social Security Disability benefits will increase from $1,000 per month to $1,010 per month. This cap is how the Social Security Administration defines Substantial Gainful Activity.

One quarter of coverage is now $1,130, up from $1,120, and maximum taxable earnings have increased from $106,800 to $110,100.

Supplemental Security Income (SSI) will go up from $674 per month to $698 per month,  in step with the general 3.6% cost of living increase for all benefits. This amount does not include any State Supplement.

For the complete report on 2012 Social Security Changes, check out this Fact Sheet.

If you are wondering what the implications of these changes will be for you, learn more at SocialSecurity.gov, or contact your attorney.

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