Surviving Spousal Benefits and Social Security Disability

Can a surviving spouse draw benefits off of a fully insured person after that person’s death? This is a common question encountered in dealing with Social Security Disability. 20 CFR § 404.335 is where the answer is found in the Social Security regulations. However, the eligibility requirements for a surviving spouse in regulation can be

Garnishing Social Security Disability Benefits

When can the Social Security Administration garnish benefits received by Social Security Disability claimants? The Federal government can and will garnish Social Security benefits under several circumstances: Enforcement of child support or alimony obligations. See 42 USC 659. Federal law limits the maximum amount that can be administratively seized for both past-due and current child

Postural/Manipulative Limit in Social Security Disability and SSI

As discussed previously, Social Security Disability and SSI claims hinge on the Residual Functional Capacity (RFC) of the claimant and whether work exists in the local or national economy in light of that claimant’s RFC. I also recently discussed the different exertional levels the Social Security Administration utilizes: sedentary; light; medium; heavy, etc. The exertional

Exertional Levels for Social Security Disability and SSI

Social Security Disability and SSI claims almost always deal with exertional levels, whether it is looking at the claimant’s past relevant work or her residual functional capacity, i.e. what the claimant can still do despite her physical or mental impairments. What is an exertional level? The Social Security Administration defines exertional level as a work

Evaluating Symptoms in Social Security Disability and SSI Claims

In determining whether a Social Security Disability or SSI claimant is disabled, the Social Security Administration evaluates symptoms, including pain, and the extent to which the symptoms can be accepted as consistent with the objective medical evidence. 20 CFR 404.1529; 20 CFR 416.929. Routinely, the cases are won and lost on the determination of the

The Payroll Tax Cut and Social Security Disability Benefits

Social Security Disability beneficiaries should not be worried about continued benefits just because of the continued payroll tax cut. Before 2011, employees and employers each paid 6.2% of taxable payroll. However, the payroll tax cut passed in December 2010 provided that the employees would pay only 4.2% in 2011. The employers’ rate remained at 6.2%.

Changes to Rules of Conduct for Reps of Social Security Disability and SSI Claimants

Social Security Disability and SSI claimants are usually represented by Appointed Representative.  The Social Security Administration recently issued final regulations revising the Rules of Conduct and Standards of Responsibility for Representatives that become effective on January 23, 2012. See 76 Fed. Reg. 80241 (Dec. 23, 2011) http://www.gpo.gov/fdsys/pkg/FR-2011-12-23/pdf/2011-32923.pdf. The final rules revise the “prohibited actions” in the Rules of

Social Security Disability Claim Based on Mental Retardation

Social Security Disability and SSI claimants have another positive court ruling on a mental impairment case.  The District Court in the Northern District of Florida reversed the Administration’s decision denying benefits in Williams v. Astrue where a Claimant was alleging disability based on Listing 12.05 for Mental Retardation.  The ALJ improperly rejected the plaintiff’s full-scale

Social Security Disability Claim for Mental Illness Remanded

In a positive case for Social Security Disability and SSI claimants, the Seventh Circuit Court of Appeals vacated and remanded an unfavorable decision because the ALJ did not properly evaluate a treating physician’s opinions.  In Scott v. Astrue, 647 F.3d 734 (7th Cir. 2011) the Court found that the ALJ’s analysis reveals an all-too-common misunderstanding

Childhood SSI Claims and Social Security Disability

People often wonder if their child can receive Social Security Disability.  Children with a disability can receive SSI benefits if certain poverty guidelines are met. The sequential evaluation for children’s cases is different than for that of adults. Analysis of a child’s claim of disability requires three sequential steps. First, a child will be found

Vocational Experts in a Social Security Disability or SSI Case

Social Security Disability and SSI claims often involve vocational information and testimony from vocational experts. Sometimes vocational information is in a report from a person who has never seen the claimant, but simply has reviewed the record. More often a vocational expert appears at the hearing to provide testimony. After a finding of medical disability,