The Meaning of "SVP" In Your Social Security Disability Hearing

The Social Security Disability claims process is full of abbreviations and acronyms.  If you have had a Social Security Disability hearing, you probably have heard the term "SVP" used by your lawyer, the judge or, the vocational expert.  

SVP stands for Specific Vocational Preparation.  SVP refers to the amount of time that it takes a person to learn a specific job.  As a Social Security Disability Lawyer, it is my duty to prove to Social Security that there are no occupations that my clients can perform.  My arguments vary greatly depending on my clients' skills and their ability to transfer them to other occupations.  

According to the Dictionary of Occupational Titles, each occupation in the National economy has a corresponding SVP level.  These SVP levels range from 1 to 9.  Here are the nine SVP levels and the corresponding explanations regarding how long it takes to learn the skills of at each level:

SVP 1 Short demonstration only
SVP 2 Anything beyond short demonstration up to and including 1 month
SVP 3 Over 1 month up to and including 3 months
SVP 4 Over 3 months up to and including 6 months
SVP 5 Over 6 months up to and including 1 year
SVP 6 Over 1 year up to and including 2 years
SVP 7 Over 2 years up to and including 4 years
SVP 8 Over 4 years up to and including 10 years
SVP 9 Over 10 years

Here is a short fact pattern that illustrates how SVP numbers are used during a Social Security Disability hearing:

Miroslav  was "tailor" who alleged disability, in part, due to an injury in one hand.  Miroslav knows some English but has difficulty engaging in a full conversation.  At the hearing, the vocational expert (VE) states that the occupation of tailor has an SVP of 7. The VE also states that a tailor must be able to constantly use both hands.  Miroslav's lawyer cross-examines the VE.  He asks whether a person can be a tailor if he or she is limited to less than constant use of both hands. The VE states that he or she cannot. Consequently, the job of tailor is ruled out and it is determined that Miroslav can no longer do his old job.

Miroslav's lawyer must then show that there are no other jobs that his client can perform.  The judge interrupts and asks the VE to identify other jobs with the same SVP level as the job of a tailor. The VE comes up with other jobs such as "store manager", which also has an SVP of 7. On cross examination, Miroslav's lawyer correctly points out that a store manager requires good command of the English language. He also points out that even though the occupation of tailor is highly skilled, it does not have skills that can easily be transferred to other jobs at the SVP 7 level. The Judge then realizes that Miroslav's lawyer is a competent SSD lawyer and agrees to change his question to the VE. Based Miroslav's the lack of transferable skills and his difficulty speaking English, the judge then asks the VE to identify jobs that have an SVP level of 1 or 2, only.  Since jobs with SVP levels of 1 and 2 usually require good use of both hands, Miroslav's lawyer is now in a better position to rule them out.  (Miroslav's hand limitation would have made much less of a difference if the judge had considered jobs at the SVP 3 to 7 levels.)    

Sen. Elizabeth Warren's Corageous Speech in Support of Social Security

As a Social Security Disability lawyer who represents claimants in Massachusetts, I am honored to count on a U.S. Senator who is not afraid to support Social Security.  At a time when Social Security is coming under attack, Senator Elizabeth Warren has taken the courageous step of pushing for an expansion of benefits.   

"Social Security works -no one runs out of benefits and the payments don't rise and fall with the stock market,"  Warren said in a speech at the Senate floor.  Warren was particularly brave in that she not only criticised conservative voices such as the Washington Post, but she was also critical of President Obama's plan to change the way that Social Security benefits are calculated by tying them to a different gauge of inflation known as the chained CPI.  The Senator said that using this type of measurement would not keep pace at which the beneficiaries' cost of living.

This defense of Social Security by Senator Warren is much needed at a time when many conservatives voices in Washington are pushing to cut Social Security programs, including Social Security Disability.  Senator Warren is not alone in her fight: Senator Harkin from Iowa, Senator Begich from Alaska and Senator Sanders from Vermont have been working to introduce legislation that would expand this vital program. 

Thank you Senator Warren for fighting to expand Social Security!

Reopening a Prior Social Security Disability Claim

Today I received the great news that one of my SSI clients from Springfield, MA was awarded benefits retroactive to 2010, even though her case was filed in 2012.  I was able to get benefits this far back by asking the judge to reopen a prior claim and join it to the new claim that was pending before the administrative court.  

Obviously, my client is delighted since the reopening of the earlier claim will result is substantially more backpay benefits than originally expected.

Reopening a prior claim is one of the most rewarding things that a Social Security Disability Lawyer can do.  Believe me, its not just about the money...  I feel a special sense of accomplishment because reopening a prior claim goes against the concepts of res judicata and issue preclusion that are paramount to our judicial system.  When a lawyer reopens a prior case, he or she has a true feeling of "beating the odds" or "changing the norms" in favor of a disabled person.  Social Security Law is unique with respect to the opening of prior cases and not all lawyers seem to be aware of this peculiarity.  This is why, in Social Security cases, it is always a good idea to hire a Lawyer who spends a considerable part of his or her practice in this area of the law.   In circumstances such as the one mentioned in this blog, an experienced Social Security Disability Lawyer can make a significant difference in the amount of backpay that is awarded to a claimant.

Reopening of prior claims is allowed by virtue of 20 C.F.R. 404.988 for Social Security Disability Insurance Benefits and 20 C.F.R. 416.1488 for SSI claims. 

A prior claim may be reopened within 12 months for any reason.  The 12 month period runs from the date of the initial denial of the prior claim.

A prior Social Security disability claim can be reopened within 4 years if there is good cause.  An SSI claim can be reopened within 2 years for good cause.  One way that a claimant can show good cause is by presenting "new material" evidence to the Social Security Administration. 

Qualifiying for SSDI / SSI with Scleroderma

June is Scleroderma Awareness Month!
A diagnosis of scleroderma does not automatically entitle a person to disability benefits. The Social Security Administration recognizes scleroderma as a potentially disabling illness and includes scleroderma in their listing of impairments. Nonetheless, if you have been diagnosed with scleroderma and the disease is affecting your activities of daily living, it is a good idea to be proactive and schedule a consultation with a Social Security Disability Lawyer. We are always available for free consultations and don’t mind learning about a person’s case well in advance of the actual date of the “onset of disability” (the date when you can no longer work). We believe that a conscientious disability attorney should be willing provide you with a free consultation, particularly when you suffer from a serious condition such as scleroderma.
One of the reasons why we like to talk to clients well in advance of filing for Social Security Disability Benefits is that, in order to successfully obtain social security benefits, an applicant must have the support of his or her doctor(s). Consequently, we urge our clients to ask their doctors if they are willing to fill up social security questionnaires and provide letters in support of their patient’s applications for social security benefits. Unfortunately, many doctors don’t cooperate with their clients and refuse to fill up these forms regardless of the severity of their patient’s condition.
There are two basic ways that a person can qualify for Social Security benefits due to scleroderma. An individual can meet the requirements of a listing set out in Social Security's list of qualifying impairments or show that he or she is unable to work.
The list of impairments is essentially a "blue book" used by the Social Security Administration to determine whether an individual meets the Social Security definition of disability. If a person’s condition “meets or equals” the listing, then that person is automatically deemed to be disabled. The listing for scleroderma (systemnic sclerosis) is contained in Section 14.04 of the listing:
14.04  Systemic sclerosis (scleroderma).As described in 14.00D3. With:
A. Involvement of two or more organs/body systems, with:
1. One of the organs/body systems involved to at least a moderate level of severity; and
2. At least two of the constitutional symptoms or signs (severe fatigue, fever, malaise, or involuntary weight loss).
OR
B. With one of the following:
1. Toe contractures or fixed deformity of one or both feet, resulting in the inability to ambulate effectively as defined in 14.00C6; or
2. Finger contractures or fixed deformity in both hands, resulting in the inability to perform fine and gross movements effectively as defined in 14.00C7; or
3. Atrophy with irreversible damage in one of both lower extremities, resulting in the inability to ambulate effectively as defined in 14.00C6; or
4. Atrophy with irreversible damage in both upper extremities, resulting in the inability to perform fine and gross movements effectively as defined in 14.00C7.
OR
C. Raynaud’s phenomenon, characterized by:
1. Gangrene involving at least two extremities; or
2. Ischemia with ulcerations of toes or fingers, resulting in the inability to ambulate effectively or to perform fine and gross movements effectively as defined in 14.00C6 and 14.00C7.
OR
D. Repeated manifestations of systemic sclerosis (scleroderma), with at least two of the constitutional symptoms or signs (severe fatigue, fever, malaise, or involuntary weight loss) and one of the following at the marked level:
1. Limitation of activities of daily living.
2. Limitation in maintaining social functioning.
3. Limitation in completing tasks in a timely manner due to deficiencies in concentration, persistence, or pace.If your condition is severe but not at the same or equal level of severity as a medical condition on the list, then the Social Security Administration must determine if it interferes with your ability to do the work you did previously (during the last 15 years).
If you cannot do the work you did in the past 15 years, the Social Security Administration will see if you are able to adjust to other work. The Social Security Administration will consider your medical conditions and your age, education, past work experience and any transferable skills you may have. If you cannot adjust to other work, your claim will be approved. If you can adjust to other work, your claim will be denied.

Exempt Disabled Combat Veterans from the 5-Month Waiting Period! Pass H.R. 1488

Pursuant to Social Security Rules, claimants who are awarded Social Security Disability Insurance Benefits (SSDI) cannot receive benefits during the first 5 months of their disability.  Social Security Disability Lawyers commonly refer to this rule as the “5-month waiting period”.  Recently, two members of Congress introduced legislation seeking to waive this 5-month waiting period for disabled veterans who are granted Social Security Disability Benefits.  This bill is known as the “Recovering Service Members Disability Benefits Act” (H.R. 1488) and was introduced by U.S. Representatives Glenn ‘GT’ Thompson (R-PA) and Dave Loebsack (D-IA).

The passage of this legislation will be extremely beneficial to Veterans who are recovering from injuries and are trying to transition to their life back home.   Last week I met with a Social Security Disability client who is recovering from physical injuries, as well as PTSD, after serving in Afghanistan.  I was shocked when I found out that he attempted to go back to work almost immediately after returning from the war.  He said that he went back to work right away because he needed to take care of the immediate financial needs of his wife and children.  I believe that his disabling condition was exacerbated by the stress of having to return back to work so quickly.

Rep. Thompson introduced the bill on the floor of the House of Representatives.  For a video of his remarks click on the link:

http://www.youtube.com/watch?v=vvcG2IPlRg0&list=UUNWX7lbWWvnNdzVMFI9DRiQ&index=7

In addition, Rep. Loebsack, the co-sponsor of the bill, stated: “It is unacceptable for our service members who have been wounded defending our country to have to wait for benefits or face financial hardship.  Instead of worrying about if they will be getting their benefits, they should be focusing on getting better,”  He also pointed out that: "Our veterans are already waiting far too long to receive VA benefits. They should not also be subjected to delays in their Social Security benefits.  This bill honors the sacrifices our wounded service members and their families have made for our country.  We owe it to those who have put their lives on the line protecting our freedoms to ensure that they are able to quickly access the benefits they need.”

H.R. 1488 amends title II of the Social Security Act to provide that the waiting period for disability insurance benefits shall not be applicable in the case of a disabled service member recovering from an injury or illness incurred in a combat zone.

The Recovering Service Members Disability Benefits Act does not expand eligibility for SSDI benefits or automatically approve individual requests, and all of the same protections used to prevent fraud and abuse of the program remain as defined under current law.  

Military Service and Social Security Disability

Earnings for active duty military service or active duty training have been covered under Social Security since 1957.  Social Security has covered inactive duty service in the armed forces reserves (such as weekend drills) since 1988.

If you served in the military before 1957, you did not pay Social Security taxes, but we gave you special credit for some of your service.
You can get both Social Security benefits and military retirement. Generally, there is no reduction of Social Security benefits because of your military retirement benefits. You’ll get your full Social Security benefit based on your earnings.

　
Social Security and Medicare taxes

While you are in military service, you pay Social Security taxes just as civilian employees do. In 2012, the tax rate is 5.65 percent, up to a maximum of $110,100. If you earn more, you continue to pay the Medicare portion of the tax (1.45 percent) on the rest of your earnings.

　
How your work qualifies you for Social Security
To qualify for benefits, you must have worked and paid Social Security taxes for a certain length of time. In 2012, you will receive four credits if you earn at least $4,520. The amount needed to get credit for your work goes up each year. The number of credits you need to qualify for Social Security benefits depends on your age and the type of benefit for which you are eligible. No one needs more than 10 years of work.

Extra earnings
Your Social Security benefit depends on your earnings, averaged over your working lifetime. Generally, the higher your earnings, the higher your Social Security benefit. Under certain circumstances, special earnings can be credited to your military pay record for Social Security purposes. The extra earnings are for periods of active duty or active duty for training. These extra earnings may help you qualify for Social Security or increase the amount of your Social Security benefit.

If you became disabled while on active military service on or after October 1, 2001 you can receive expedited processing of your Social Security disability claim.
When you apply for Social Security benefits, you will be asked for proof of your military service (DD Form 214) or information about your reserve or National Guard service.
 

Religious Leaders go to Washington to Defend SSDI

Last week, Former Connecticut Governor John Rowland used a section of his daily radio talk show on WTIC News 1080 to criticize the Social Security Disability Program.  I didn't have a chance to listen to the show but I was told that he blasted SSDI and criticized it for allegedly being plagued with  widespread misuse of public funds.  Readers of this blog who don't reside in Connecticut might not be aware that John Rowland was a Republican Governor who, in 2004, resigned from office during a corruption investigation.  He later plead guilty in federal court and served ten months in prison, followed by four months of house arrest.  

 

While John Rowland was using disability claimants as scapegoats for the financial havoc that corrupt politicians like him have caused, a group of well respected religious leaders were in Washington defending SSDI.  On December 4th, The Jewish Council for Public Affairs and the Interfaith Disability Advocacy Coalition gathered on Capitol Hill to speak out in support of the Social Security Disability Insurance (SSDI) benefits program.  SSDI is an important lifeline for Americans unable to work due to illness or injury.  The two groups provided compelling testimony dispelling the myths about the program being widely abused and wasteful.  Their visit to Congress was a persuasive push to ensure that SSDI is not a victim of fiscal cliff negotiations.

The briefing featured presentations from two former SSDI recipients who were able to return to full-time employment after suffering tragic accidents that rendered them unable to work. The first, Donna Eshghi, a full-time nurse from Wichita, KS, contracted Hepatitis C after an unexpected needle-prick at work. A single mother, she was able to use SSDI benefits to support her family until she was able to return to work. And Deborah Krotenberg, an attorney from Atlanta, used SSDI benefits to keep herself afloat until she was able to return to work full-time after she was paralyzed in a serious car accident.

Kathy Ruffing, a Senior Fellow, Center on Budget and Policy Priorities,discussed her recent report: Social Security Disability Insurance is Vital to Workers With Severe Impairments. Additionally, Curtis Ramsey-Lucas, of the American Baptist Home Mission Societies, closed the event with an interfaith prayer.

"As a nation, we need to be committed to ensuring that when Americans become unable to work due to illness or accident, there is a safety net," said Rabbi Steve Gutow, President and CEO of JCPA. "SSDI is literally a lifeline for millions of Americans. People who collect disability insurance have paid into the system and therefore it is critical that the benefits they have earned are available in their time of need. Recent political attacks on SSDI are misguided at best. And now, as Congress and the President find ways to negotiate away from the fiscal cliff, we hope they will remember that SSDI is a critical program that must be protected."

Some key facts about SSDI:

• According to the most recent government statistics, in October of 2012, there were 8.8 million Americans collecting SSDI.
• There are record numbers of SSDI recipients now not because the government has made it easier to collect disability benefits, but rather because Baby Boomers are getting older and more prone to illness or injury, as well as a record number of women in the workplace. In fact, Steve Goss, the Chief Actuary of the Social Security Administration recently testified about these trends before the United States Congress.
• By cutting funding to the Social Security Disability Insurance program, states and local communities will feel the brunt of the burden.
• Denying or delaying benefits to disabled Americans leads to additional human suffering. They might have to file for bankruptcy or apply for welfare; some may end up in home foreclosure or be unable to get medical treatment without their SSDI benefits.
• It’s not easy to qualify for SSDI benefits. The qualifying standards have been raised and there are many diseases which no longer solely qualify claimants for benefits, like alcoholism, diabetes, drug abuse and obesity.

Connecticut Social Security Field Offices to Reduce Office Hours in 2013

 

Beginning January 2, 2013, Social Security Offices will close 30 minutes early.  On Wednesdays, Field Offices will close at noon. 

Why? According to the agency, "[w]hile agency employees will continue to work their regular hours, this shorter public window will allow them to complete face-to-face interviews and process claims work without incurring the cost of overtime. The significantly reduced funding provided by Congress under the continuing resolution for the first six months of the fiscal year makes it impossible for the agency to provide the overtime needed to handle service to the public as it has done in the past."

Note that the earlier closing times do not apply to the Offices of Disability Adjudication and Review, (the Federal Buildings where Administrative Law Judges hold hearings, also known as "ODAR"). ODARs will be maintaining their regular hours.

Some ALJ hearings are scheduled at district offices and at permanent remote hearing sites. If you have such a hearing and it is scheduled to begin after the new closing time, you should go to the location and knock on the presumably locked front door. ODAR officials tell us that security guards will be present to admit you. These officials ask that you bring the notice of hearing with you, and that your clients bring photo IDs, for the guard's inspection.

 

However, there is strong opposition to these budget cuts.  Congress should bear in mind the latest results of a public opinion poll that found that 83% of likely voters oppose cuts to the Social Security Disability Program.  A new poll commissioned by the National Organization of Social Security Claimants' Representatives ("NOSSCR"), (an organization of which I am a sustaining member), found that the vast majority of likely voters support Social Security Disability Insurance Benefits (SSDI) and believe that Congress should target other areas of government when proposing cuts.  For more information regarding this poll visit:

www.NOSSCR.org

 

You may also want to read a great OpEd piece in support of the Social Security Disability Program that recently appeared in the Seattle Times:

http://seattletimes.com/html/opinion/2019751633_alexdoolittleopedxml.html