Disability Determination Services (DDS) state agencies make initial and reconsideration determinations on Social Security disability claims. These agencies have had massive turnover in the past few years. I used to work repeatedly with the same group of disability examiners. These days, I am constantly seeing new examiners. Adding to the turnover problem, it takes months
The ALJ decision says that I remain insured through December 31, 2024. What does that mean?
An ALJ decison regarding TItle II disability usually contains a sentence like this:
The claimant’s earnings record shows that the claimant has acquired sufficient quarters of coverage to remain insured through December 31, 2024.
A successful disability claimant may read that sentence and think that it means that the Social Security disability benefits will terminate
SGA will be $1,470 for 2023
Substantial Gainful Activity (SGA) is the amount of money that one can earn and still qualify for Social Security disability benefits. The amount is adjusted each year for inflation, as shown by this table. In 2022, the amount is $1,350. For 2023, the amount goes up to 1,470.
The SGA amount is important for
Title II Offset When a Representative Fee is Involved
When a concurrent Title II and Title XVI case is awarded, the claim goes to the local Field Office for a determination of SSI benefits. This process takes some time, because the claim specialist at the field office needs to make an appointment to call the claimant to document the claimant’s income and assets to determine financial eligibility (SSI is a need-based program). Then the claim gets sent to the Payment Center, where Title II benefits are calculated, and then the SSI benefits offset the Title II benefits. Therefore, concurrent cases typically take several weeks longer to get paid than straight Title II-only disability claims. This is frustrating, because the SSI claimants are the ones who often need to money the most.
The monthly Title II disability benefit (PIA) is usually greater than the monthly Title XVI SSI amount. And while the SSI benefits begin to accrue on the filing date of the claim, the disability benefit is not paid until after the 5-month waiting period after the onset date. To evaluate these payment issues, you need to compare the filing date with the onset date, and know that the eligibility date for Title II is 5 full calendar months after the onset date.Continue Reading Title II Offset When a Representative Fee is Involved
My favorite letter to write
When one of my clients is awarded disability benefits, I like to write a short letter to the local Social Security field office, asking them to quickly process the disability claim. I want the local office to send the claim promptly to the Social Security Payment Center for payment.
When the person awarded Social Security
A disability appeal hearing can seem surreal to an outsider.
There is article in a national magazine enititled Inside the Kafkaesque Process for Determining Who Gets Federal Disability Benefits. It is most definitely worth reading.
The article begins by describing a (fairly typical) hearing before an Administrative Law Judge, and concludes: “A disability appeal hearing can seem surreal to an outsider.”
Fact check: True
Social Security Processing Center Phone Numbers
The Social Security Processing Centers calculate and pay a claimant’s disability benefits, once a favorable decision or determination has been made.
The SSA has posted on its site the telephone numbers for the various processing centers. These numbers are for attorney and non-attorney Representatives to call, rather than individual disability claimants.
Disability cases are broken
Social Security will not “connect the dots” for your disability claim
I frequently talk with people who have applied for Social Security disability. When I ask them why they are unable to work, they often respond “I have been diagnosed with _____.”
Sometimes the diagnosis is just a quick answer to my question. But often, as the conversation continues, there is a belief that, given the
Analyzing a Long Haul COVID determination
A client with long-haul COVID symptoms was recently awarded Social Security disability benefits at the initial stage of review. That was great news. But when Social Security allows a disability claim at the initial or reconsideration level of review, they don’t tell you why; they just pay the disability benefits.
I wanted to know
What you Need to Know
Social Security has started sending a paper booklet along with the Notice of Award letter to those whose claims for Social Security disability benefits have been granted. The booklet is entitled “What You Need to Know When You Get Social Security Disability Benefits”
It is a good practice. People are (almost always) receiving