Tag Archives: Social Security Administration

Overpaid Disability Benefits by Social Security: Now What?

Today’s post comes from guest author Roger Moore, from Rehm, Bennett & Moore.

What can I do if the Social Security Administration (SSA) says I have been overpaid disability benefits?

This is a very common problem, unfortunately. There are a number of factors that cause these issues to come up so frequently.

First, the rules about how much one can make differ, depending on what type of disability benefit is received. Social Security Disability Insurance (SSDI) recipients can earn over $1,000 per month without jeopardizing their monthly benefit. But almost every dollar earned by Supplemental Security Income (SSI) recipients can affect the amount of their monthly benefit, as this benefit is partially based upon a recipient’s financial situation. These amounts can change over time.   

Second, there are many different rules about when you can earn money from working above what is called the substantial gainful employment level and not jeopardize your continued entitlement to disability benefit. It’s difficult to summarize all of the circumstances, yet alone know all of the rules, for a claimant. What’s more, simply providing the SSA your wages doesn’t absolve you from having to repay overpayments. The SSA doesn’t look at this information on a regular basis. Years later, you may get a “Dear John” letter advising you that you were overpaid thousands of dollars. 

Finally, you may simply get wrong or bad information from someone when you meet with or speak with the SSA. It’s important to document when you spoke with the person and who that person was. If possible, get them to put their advice in writing. 

When faced with an overpayment, there are two things you should always do. First, Continue reading

Prior results do not guarantee outcomes.
Attorney Advertising.

Denied Or Partially Denied For Social Security Disability? A Special Ruling Means You May Be Entitled To A Re-Hearing

If you filed for Social Security disability and appeared at a hearing in the Queens Office of Disability Adjudication and Review before any of the following Administrative Law Judges – Michael D. Cofresi, Seymour Fier, Marilyn P. Hoppenfeld, David Z. Nisnewitz, and Hazel C. Strauss, you may soon be entitled to a new hearing before a different Administrative Law Judge. You may soon receive, or have already received, a “Notice of Proposed Class Action Settlement and Fairness Hearing” from Social Security. 

This notice concerns a lawsuit, Padro, et al. v. Astrue, brought against the Social Security Administration by the law firm of Gibson, Dunn, & Crutcher and the Empire Justice Center. The lawsuit was filed to address allegations of “general bias” against disability claimants by the five judges named above. In settling the lawsuit, the Social Security Administration is not admitting any wrongdoing by any of the judges. 

Under the terms of the proposed settlement, any individual who received an unfavorable or partially favorable decision from one of these judges dated after January 1, 2008, is eligible to have a new hearing. The hearing will be conducted by a different judge than the judge who issued their first decision. However, if an individual filed a lawsuit in District Court and the judge’s decision was upheld by the court, that individual will not be entitled to a new hearing in front of a different judge.

The proposed settlement has not been finalized and the terms are subject to change. There is a hearing scheduled to finalize the settlement on July 24, 2013. Once the settlement is finalized, all affected individuals will receive another notice from Social Security advising them of their right to a new hearing. If you receive such a notice, you will have sixty (60) days to notify Social Security that you wish to have a new hearing.  If you believe that you might be entitled to a new hearing, but have not received a notice, you should contact your local Social Security office as soon as possible.

If you are interested in having our office represent you at your hearing, please contact our office as soon as possible so that you can schedule a free initial consultation with our staff.

Prior results do not guarantee outcomes.
Attorney Advertising.

My Friend Got SSD Right Away. Why Is My Case Taking So Long?

Many people currently applying for Social Security disability benefits know someone who has been through the process before and is currently receiving benefits.  In fact, many of our current clients were referred to us by former clients who were pleased with how we handled their case.  This means we often hear the question “Why is my case taking so long?  My friend was awarded disability right away and didn’t have to wait.”

The short answer to this question is that every case is different.  Each case is assigned to someone at the Social Security Administration to handle, and some people work faster than others, or have less cases to work on.  If the person handling your case at SSA get sick or goes on vacation, you may wait longer for a decision.  If you are treated by several doctors, it may take SSA longer to get your records, and the more records there are to review, the longer the case can take.  Make sure you tell your doctors that you have filed your application so that their office staff will be aware that SSA’s request for records will be forthcoming.  The faster your doctors respond to SSA’s requests, the sooner a decision can be made.

The SSA does the best they can, given the increase in claims and decrease in staff members, to make decisions in a timely manner.  The best way to get a quick decision is to make sure that you give SSA all the information they need to process your claim and get your records.  If SSA is not told about a doctor that you see until they have already started the process, it may take them longer to get those records, delaying your decision.  You should also make sure that you respond to letters and phone calls from SSA as soon as possible.  Make sure that you promptly report any changes in your medical condition or care, such as a new doctor, a new medication, or a hospital visit. 

If you want assistance with your Social Security disability claim, please contact our office and speak with a member of our staff.  We’ll be happy to set up a free consultation so that we can discuss your case, either in one of our offices or over the phone.

Prior results do not guarantee outcomes.
Attorney Advertising.

When Should I File for Social Security Disability?

Filing for Social Security Disability (SSD) can be a lengthy process. Every case is different, and some are processed faster than others. However, we’ve found that it takes the Social Security Administration (SSA) between four (4) to six (6) months to make an initial decision.  If that decision is unfavorable (and about 70% of initial decisions are denials), it can take between eight (8) to twelve (12) months to have a hearing before an Administrative Law Judge (ALJ) scheduled. A year to a year-and-a-half wait is not uncommon.

You should file as soon as you know that you will be out of work for at least twelve (12) straight months OR if your condition is expected to result in death.

Due to the lengthy process, you should file for SSD as soon as possible. You should file as soon as you know that you will be out of work for at least twelve (12) straight months OR if your condition is expected to result in death. If you will not be out of work that long, you should not apply for SSD, unless your condition is expected to result in death. You should talk to y our doctor to see how long he/she expects you to be unable to work.  Your doctor’s support is incredibly important to your case – something we’ll talk more about in the future – so talk to him/her before making the decision to apply.

In order to make sure that you get the maximum amount of benefits you’re entitled to, your application must be filed within 17 full months from the time that you become disabled and unable to work. If you’ve already been out of work for a year or more, consider putting in an application right away to prevent any loss of benefits you would otherwise be entitled to.

Once you’ve spoken to your doctor and made the decision to apply, contact our office to schedule an appointment.

Prior results do not guarantee outcomes.
Attorney Advertising.