Social Security Disability Blog

The final rule that makes changes to the listing for Congenital Disorders that Affect Multiple Body Systems (Listing 110.00) went into effect on April 5, 2013. The disorders evaluated under this listing and affected by the changes include non-mosaic Down syndrome and catastrophic congenital disorders such as anencephaly, cyclopia, Patau syndrome, and Edwards’ syndrome, among others. Non-mosaic Down syndrome is listed under 110.06. The evidence the Social Security Administration (SSA) looks at when evaluating a claim under 110.06 centers around laboratory findings, specifically a report of karyotype analysis, the determinative test to establish non-mosaic Down syndrome. However, if you do not have a karyotype analysis… Continue Reading The final rule that makes changes to the listing for Congenital Disorders that Affect Multiple Body Systems (Listing 110.00) went into effect on April 5, 2013. More...

As former Commissioners of the Social Security Administration (SSA), we write to express our significant concerns regarding a series recently aired on This American Life, All Things Considered, and National Public Radio stations across the U.S. (“Unfit for Work: The Startling Rise of Disability in America”). Our nation’s Social Security system serves as a vital lifeline for millions of individuals with severe disabilities. We feel compelled to share our unique insight into the Social Security system because we know firsthand the dangers of mischaracterizing the disability programs via sensational, anecdote-based media accounts, leaving vulnerable beneficiaries to pick up the pieces. Approximately 1 in 5 of our fellow Americans live with disabilities,… Continue Reading An Open Letter from Former Commissioners of the Social Security Administration More...

How your assets and income may affect your eligibility to receive Supplemental Security Income benefits.   Current income and assets do not affect one’s eligibility to receive Social Security Disability benefits (SSDI) because it is paid for out of workers’ tax contributions.   If you do not qualify for SSDI benefits but are suffering from a disabling condition, you may qualify for Supplemental Security Income (SSI). SSI is another federal program but works differently than SSDI. SSI is need-based program for those individuals with little to no income and low resources.   How much can you own in assets and still qualify for SSI? As… Continue Reading How your assets and income may affect your eligibility to receive Supplemental Security Income benefits. More...

If you have had or are facing the possibility of having a liver transplant, it is a strong possibility that you will be eligible for Social Security Disability benefits as a result of this procedure. A Liver Transplant is a condition that qualifies an individual to receive disability benefits under the Social Security Administration’s listing manual. Put simply, a person who receives a liver transplant will automatically be presumed to be disabled for a period of 1 year following the operation, and will receive disability benefits. After the year is up, you still may be eligible to receive your benefits, but the Social Security Administration… Continue Reading If you have had or are facing the possibility of having a liver transplant, it is a strong possibility that you will be eligible for Social Security Disability benefits as a result of this procedure. More...

Each year the Social Security Administration (SSA) publishes an updated version of The Red Book, which serves as a source of information regarding employment related provisions of the Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI) programs. The most recent version of The Red Book was released in January 2013 and is available on SSA’s website at: http://www.socialsecurity.gov/redbook/. New to the 2013 Red Book are several Automatic Adjustments, including changes to the income threshold for Substantial Gainful Activity (SGA) and the Federal Benefit Rate (FBR), among other important numbers that disability claimants and professionals who serve those with disabilities should be aware of. An… Continue Reading Introducing the 2013 Red Book, and explanation of TWP More...

On February 20, 2013, the Social Security Administration gave notice of a new rule on how a claimant’s use of drugs and alcohol affects their disability claim.  Generally, use of drugs and alcohol will strongly undermine a clam for disability.  However, the issue gets complicated when people self medicate, and when people have conditions that would be disabling regardless of whether there was any drug or alcohol usage. The new regulation ( SSR 13-2p ) addresses these issues stating clearly that the Social Security Administration will still examine whether drug addiction or alcoholism is a contributing factor material to the determination of disability, and whether… Continue Reading On February 20, 2013, the Social Security Administration gave notice of a new rule on how a claimant’s use of drugs and alcohol affects their disability claim. More...

Your Social Security check will no longer come via snail mail starting March 1. In less than two months, the government will stop sending paper checks for Social Security, disability and other benefits in an effort to cut costs. Instead, the Treasury Department will distribute funds electronically, either via direct deposit or on a prepaid “Direct Express” card. Around 93 percent of recipients currently receive their payments electronically, but 5 million checks are mailed each month, according to the Treasury. Paper checks cost the government about $4.6 million per month, CNN Money reported. Over the next 10 years, that total cost to taxpayers would add up… Continue Reading Your Social Security check will no longer come via snail mail starting March 1 More...

Quick Facts on Social Security’s 1.7% COLA for 2012 The Social Security Administration has just announced that retirement and disability beneficiaries will receive a 1.7% cost-of-living adjustment (COLA) beginning in their January 2013 checks. Social Security benefits are automatically adjusted to keep up with the cost of living. Key points from Social Security’s release: The 2012 COLA will be 1.7%. That compares to a 3.6% increase for 2011 and no increase at all for 2009 or 2010. This 1.7% increase will take effect for the December benefits, which are payable in January. The COLA calculation is based on the Consumer Price Index for Urban Wage Earners and Clerical Workers (CPI-W), which is produced by the… Continue Reading Quick Facts on Social Security’s 1.7% COLA for 2012 More...

THE ADA, THE DISABLED, AND THE UNEMPLOYED. The Americans with Disabilities Act (ADA) was signed into law 22 years ago.  Great strides have been made – buses and buildings are now accessible, the disabled have employment protections- but more still needs to be done. In this time of economic struggle, the disabled continue to be hit  hard : More than one-half of Americans with any disability are unemployed and more than 70 percent with significant disabilities are unemployed; During the recent recession the non-disability work force shrank 2 percent, while the number of working disabled fell over 10 percent; and Only 5 percent of the… Continue Reading THE ADA, THE DISABLED, AND THE UNEMPLOYED More...

On December 19, 2011, the Office of Disability Adjudication and Review (ODAR) instituted a new policy in which the identity of the Administrative Law Judge (ALJ) assigned to a claimant’s case will not be revealed until the day of the claimant’s actual hearing. It appears that the reason for this new policy is in response to representatives objecting to certain ALJ’s, specifically some of the ALJs at the National Hearing Offices, and some abuse by a particular national (1-800) law firm. This policy is an attempt to deal with a very specific problem but now creates a new set of issues.  Generally speaking, if a hearing is… Continue Reading New SSA Policy regarding ALJ Assignments More...