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
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
People often wonder what benefits are children entitled to if one of the parents is drawing Social Security Disability? In general, a child can draw benefits on the earnings record of an insured person who is entitled to old-age benefits, SSDI benefits, or who had died. However, there are certain parameters set forth in the
What happens if a Social Security Disability or SSI claimant works at Substantial Gainful Activity (SGA) levels during the application or appeals process? Generally, if the claimant’s impairments force her to stop working in six months or less, then the work will not be viewed as an ability to work at SGA and will be
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
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
Periodically I like to post some useful information for Social Security Disability and SSI claimants in Tennessee. For instance, as result of the 2012 Cost of Living Adjustment (COLA) of 3.6%, certain changes occur within the SSDI and SSI programs. As a result of the 2012 COLA, the following changes of note occurred: Substantial Gainful
The Social Security Administration notes that any supervisory, managerial, advisory or other significant personal services that are performed as a self-employed individual tend to show the ability to perform SGA. The claimant’s income will not be considered solely, but his activities and their value to the business will be evaluated. The work activity will be
Eligibility for Social Security Disability and SSI benefits can still be obtained despite issues involving alcoholism and drug addiction. The Senior Citizens Right to Work Act of 1996 changed the way claimants with a history of drug or alcohol abuse are considered for benefits. Ever since 1996, the key question is whether the Social Security
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
Social Security Disability and SSI claimants (and their representatives) are going to be hamstrung and disadvantaged by a new policy instituted by the Office of Disability Adjudication and Review (ODAR) effective December 19, 2011 where the identity of the Administrative Law Judge (ALJ) assigned to a claimant’s case will not be disclosed until the time
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%.
Social Security Disability and SSI claimants beware who you entrust your valuable disability claim to! Recently, the Wall Street Journal ran an article based on interviews with former “Binder and Binder” employees revealing potentially fraudulent behavior and misrepresentations to the government. Senator Tom Coburn of Oklahoma has asked for an official inquiry into the action
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 and SSI claimants need to know that the Social Security Administration has not changed its mind regarding subsequent applications while an appeal of a prior claim is pending at the Appeals Council. On July 29, 2011, I discussed the recently published SSR 11-1p revising the SSA’s policy for handling subsequent applications when
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
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
Social Security Disability and SSI claimants need to know that the Social Security Administration proposes to change the listings for evaluating congenital disorders that affect multiple body systems. 76 Fed. Reg. 66006 (Oct. 25, 2011). The main proposed revision would change adult listing 10.06 and childhood listing 110.06 for non-mosaic Down syndrome. There also are
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
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,
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