What are "Non-Medical" or "Technical" Denials in Social Security Disability Applications

When a person files a Social Security Disability application, the SSA can take one of two actions: 1. ask the state agency to commence a medical evaluation of the claim or, 2. issue a "technical denial". Technical denials are also called "Non-Medical" denials.  

Technical denials occur when the SSA finds that the claimant does not have enough credits (the person has not worked long enough and recently enough), the person is working and making more than $1,170 a month or, the applicant failed to meet the necessary immigration requirements.  

Sometimes, the state agency (DDS) makes a favorable medical determination on a case but, later on, the SSA denies the claim when it realizes that the would be beneficiary fails to meet a technical requirement.  These specific type of technical denials are called "subsequent non-medical denials".

Lately there has been an increase in technical denials.  The reason why this is happening is not entirely clear.  It is very frustrating to handle an appeal of a technical denial.  As a general rule, my office does not handle these type of claims.  Moreover, such denials cannot be appealed electronically.  Claimants who have received technical denials must do a lot of homework on their own, gathering information such as records showing: accurate earning histories, payment of FICA taxes, wage information and proof of immigration status.  Once all this information is obtained, a paper appeal can be submitted, --in person or by mail at the local field office--, requesting a reconsideration of the technical denial. 

Social Security's Use of CDI Units in Disability Cases

Social Security Disability Lawyers and their clients must be made aware of the increasing use of Cooperative Disability Investigations ("CDI") units by the Social Security Administration in disability cases.  CDI units have been created by the Federal Government to investigate allegations of fraud in the disability programs.  CDI units work with the Office of the Inspector General (OIG), state DDS and local and state law enforcement agencies.   It is important to take note of the new role of CDI units and its impact on pending SSDI cases.

Referrals to CDI units are typically made by DDS or SSA staff.  There is no clear guiding criteria for a referral.  Referrals can also be made by the hearing offices ("ODAR"), by private citizens or anonymous sources.  CDI units can investigate a case at any step of the disability process: at the initial application stage, at reconsideration, while a hearing is pending or while a claimant is receiving on-going benefits.  Once the CDI unit makes findings, it can send a report with the evidence gathered to DDS or to the ALJ.  DDS and the ALJ can rely on evidence gathered by the CDI unit to make their determinations.

Another very important aspect to note is that, upon referral, CDI staff will conduct a search of the claimant's social media accounts for evidence of fraud, including Facebook, Twitter and Google +. This is a clear departure from  the way that SSDI claims have been reviewed in the past few years. DDS and the Administrative Law Judges (ALJ's) do not look at social media accounts however, CDI units can.  If the CDI unit searches social media then, their findings can be turned over to DDS or to the ALJ.  For this reason, Social Security Claimants must be very careful with their social media postings and the privacy settings on their social media accounts.  CDI units will also interview claimants, talk to third parties and conduct surveillance of the claimant.    

As you all know, I practice Social Security Disability Law in Connecticut and Massachusetts. (Jurisdictions located within the 1st and 2nd Circuit Courts of Appeals.)  Issues involving CDI units have begun to arise in these two circuits.  For example, Donnelly v. Commissioner, 49 F. Supp. 3d 289 (E.D.N.Y. 2014) is probably the first case that discusses the use of evidence from a CDI unit in a Social Security Disability claim.  In Donnelly, the ALJ decided the case based on a report from a CDI that alleged that the claimant was able to move with normal gait an that she was able to move in and out of a car without any difficulty.  The District Court agreed with the ALJ that the CDI unit surveillance showed that the claimant's allegations were not credible.  The Second Circuit Court of Appeals upheld the district court's decision.  Another case in the District Court of Massachusetts that also also discusses the role of CDI Units is  Altman v. Colvin, No 14-CV.301-KAR (D.Mass Sept 1, 2015).
The rise of CDI units is part of an ongoing  Congressional effort to prevent Social Security disability fraud. The  bipartisan budget passed on 2015 specifically requires the SSA Commissioner to expand CDI units throughout the Nation.

If you or your lawyer becomes aware of a CDI unit investigation, you must demand that the agency provide you with a copy of the report.  The claimant must be given the opportunity to comment on the findings made by the CDI unit.  Failure to provide such an opportunity is a violation of a claimant's due process rights.  

Pro-Bono Representation to Kentucky and West Virginia Claimants

In an unprecedented action by the SSA, approximately 1500 SSDI beneficiaries in Kentucky and West Virginia received notices this summer stating that their benefits could be discontinued. RamosLaw has joined the National Organization of Social Security Claimant's Representatives (NOSSCR) and the Appalachian Research and Legal Defense Fund (AppalReD) in providing Pro-Bono representation to some of these individuals.  

Government officials have requested that benefits be stopped for all former clients of Eric Conn, a Kentucky lawyer who they suspect committed fraud.  Many generous local attorneys have been working tirelessly to protect these individuals’ rights and benefits, through preliminary injunctions, wrongful death actions, motions to freeze Conn’s assets, and pro bono representation at the Social Security ALJ hearings. These individuals need representation to assist them in obtaining medical evidence, and to represent them before the Appeals Council or at ALJ hearings, if needed. Since it is expected that there will be no funds available to pay attorneys, many lawyers throughout the country have agreed to provide free legal services. To date, an army of about 100 social security disability lawyers has volunteered to help represent the claimants at hearings or to provide training or other resources to volunteer lawyers.

Help is still needed from attorneys. The local attorneys in Kentucky and West Virginia anticipate that they can serve fewer than 15% of the affected individuals. You can send an email to nosscr@nosscr.org if you are an attorney or a representative who is willing to help.  If necessary, ALJs will allow lawyers to participate in three way video conferences and lawyers might not be required to attend hearings in person.

Social Security lawyers and representatives are truly involved in ensuring the integrity of the Social Security disability process.  Unfortunately, some of the actions taken in these cases have been highly arbitrary and are hurting people who are completely innocent. We must ensure that the affected individuals receive full due process from the Social Security Administration.

The Dangers of Hiring a "Social Security Disability Mill"

Be aware that some "Social Security Disability Mills" are now posing as "local law firms" 

I spend a great deal of time with first time callers to my office.  I listen to all sorts problems pertaining to their Social Security Disability claims.  Of all the problems that I hear, none is more disconcerting than when a claimant tells me how their lawyers or representatives are mishandling their claims.  

It seems like more and more Social Security Claimants are becoming victims of what I refer to as : "Social Security Disability Mills".  Social Security Disability Mills are large out of state corporate entities that provide none or very little personal attention to their clients.  These entities rely heavily on mass advertising, such as television adds or fancy internet sites, in order to stay profitable.  Their formula for economic success is based on the sheer volume of their case load, rather than on the quality of services that they provide to their clients.  Note that, in most instances, these firms work out of the state where they advertise and have non- lawyer representatives handle your claim.  

Obviously, having non-lawyers represent their clients also saves them a lot of money and helps them stay extremely profitable.  The largest Social Security Disability Mill in the Country uses non-lawyer reps.  It was reported by the Wall Street Journal that this firm makes more than 85 million dollars a year!    

What is more shocking --and more and more claimants need to be aware of-- is the fact that now, we have large out of state "SSD Mills" using local Connecticut and Massachusetts law firms to sign up clients without providing any meaningful services to clients at the local level.  It seems that, as consumers have become more aware of problems with out of state SSD Mills, the mills have develop new tactics to try fool consumers into signing up with them.  In fact, one of the largest Personal Injury law firms in Connecticut --which is notorious for their aggressive television commercials-- is also claiming to represent Social Security Disability Clients. Unfortunately, as soon as this Personal Injury law firm takes an SSD client, they transfer the case to a Mill in North Carolina.  Over the past year, I have been getting numerous complaints from clients or former clients from this firm.  

In many instances, once the out of state firm screws up a claim, it is very hard for a good local and hardworking lawyer to save it.  Therefore, I urge the readers of this blog and all prospective SSD claimants out there to be aware of this practice.  Before signing up with a Social Security Disability lawyer or representative, ask what kind of individual attention you will receive in your case and whether your case be handled by someone near your.        

President Obama Nominates Colvin as Commissioner of Social Security

 Last Friday, President Barack Obama nominated Carolyn W. Colvin as Commissioner of the Social Security Administration.  Colvin had been acting commissioner since February 2013 when Commissioner Michael Astrue's term ended.   

The nomination comes at a time when the Social Security Administration is facing a long standing backlog, loss of positions due to attrition and the closing of dozens of field offices across the country. 

I expect the confirmation process to be contentious.  I'm sure that the confirmation debate will be accompanied by a barrage of misleading accusations made by those on Capitol Hill who would like to reduce Social Security.  Social Security's problems can be saved, in its present form, if the correct actions are taken.  The looming crisis had been anticipated for many years and its the result of the Nation's demographic changes, not of the particular actions or policies of any particular administration.

"I am grateful for Carolyn's past service in various roles at the Social Security Administration, and I am confident that she will serve the American people well in her new role," the president said in a statement Friday.  "I look forward to working with her in the months and years to come."

Colvin is Obama's first nominee to run the SSA.  Her predecessor, Michael Astrue, was nominated by President George Bush.  If Colvin is confirmed by the U.S. Senate her six year term will run into the next administration.

Appealing an Unfavorable ALJ Decision to the Appeals Council

If you have received an unfavorable decision in your Social Security Disability case from an Administrative Law Judge (ALJ), you can appeal the case by asking for a review from the Appeals Council.  The Appeals Council (AC) is the administrative body within the Social Security Administration that is responsible for reviewing ALJ decisions.     

The Appeals Council is located in Falls Church, Virginia and it consists of 50 Administrative Appeals Judges and more than 50 Appeals Officers.  These Judges and their staff handle Social Security Appeals for the entire country.  If you file an appeal with the Appeals Council, you will not have to travel to Falls Church, Virginia or appear in person before these judges.  All the arguments made in your appeal to the AC must be made in writing.   

If you are in receipt of an unfavorable ALJ decision, you have 60 days to file an appeal with the Appeals Council.  This request must be done in writing using Form HA-520.  It is also advisable to consult with a Social Security Disability Lawyer before filing the appeal.  In most cases a Social Security lawyer will also file a brief on your behalf setting forth the reasons why the ALJ made an error in your case. 

Keep in mind that the Appeals Council will not rehear your case but instead, will determine whether the ALJ made an error in his or her decision.  Therefore there no no new testimony taken in your case and, in most cases new evidence supporting your appeal will not be allowed.  It takes a very long time for the Appeals Council to decide your case.  In many cases it is taking more than a year to hear back from the Appeals Council.

When the Appeals Council decides your case, it can take one of three actions: 1. Deny your request for an appeal, 2.  Remand the case back to the ALJ, forcing the ALJ to have a new hearing, 3.  Issue a decision and award you disability benefits.

If you wish to file an appeal with the Appeals Council, you can do this alone.  However, appeals filed without the assistance of a lawyer are often denied.  For this reason, it is a good idea to request a free initial consultation from a lawyer who handles Social Security Disability Law before deciding to go at it alone.

Social Security Disability Denials are the Highest Since 2008

Winning a Social Security Disability case is getting harder every day.  The latest figures issued by the Social Security Administration show how difficult in the past few years it has become for disability claimants to get their cases approved. 

 

Every spring the SSA releases its statistics from its previous fiscal year that show the percentage of disability claims approved and denied at every step of the process.  2013 figures show that the approval rate at the initial stage of the process went down to 33%, from 36% in 2008.  Moreover, cases granted at the hearing stage dropped to 48 % in fiscal year 2013, from a 63% approval rate in 208.  This represents a 15% drop in the cases won at hearings before administrative law judges! 

 

This latest statistics show why now, more than ever before, it is important to have an experienced social security disability lawyer on your side.  Hiring a lawyer can improve your chances of winning your claim, particularly in these tough times.

 

Don't let the campaign of misinformation against the Social Security Disability programs fool you.  There are more persons currently receiving Social Security Disability than ever before because of the Nation's demographics have changed (more persons are reaching 55 than ever before), not because judges and SSA adjudicators are becoming more lenient.  For this reason, I believe that it is essential that all Social Security Disability claimants hire a lawyer to represent them early on in the claim process.    

Tip of the Week: Keep Your CD-ROM or Request One

The Social Security Administration (SSA) keeps most of its disability claim files in electronic form.  (There are very few exceptions...  Once in a while, a claimant has a paper file.)  This gives the SSA the ability to create CD-ROMS with a claimant's file.  If you are representing yourself in a social security case, you must remember to ask for a copy of your file in CD-ROM format.  Moreover, if the SSA provides you with a disc, you must never loose it.  Having a copy of your files on disc can be very convenient when looking for an attorney, preparing for your hearing or, when you need to a appeal a judge's decision to the Appeals Council.   

At the hearing level, claimants are provided with a CD-ROM by staff employees.  It is important not to throw away the disc.  Keep the disc even if you get a favorable decision.  If your case is denied, the CD-ROM will be needed by any Social Security Disability lawyer who you may ask to evaluate the viability of an appeal.  If you get a favorable decision, you may also need the disc to be able to protect your benefits when the SSA reviews your case.  Moreover, I find that having a complete disc of your SSDI case can be extremely helpful in cases where the claimant also has a pending long term disability claim with a private insurance company.

Opening and reading these discs can be tricky.  They work in most Windows PCs.  However, in many instances the discs are encrypted in order to protect a claimant's privacy.  To open an encrypted file you usually need to write "ssa" in the space that says: "account name".  Your password to open the disc is usually the first four letters of the claimant's first name followed by a pound sign (#) and the last four digits of his or her social security number.

Another reason why you might want to get your disc it to make sure that all the evidence pertaining to your case has been submitted  to the SSA.  Very often, doctor's records are missing or improperly filed.  I have even seen situations where a claimant's records are mixed in with somebody else's.

 

Social Security Tries To Collect an Overpayment Made 37 Years Ago!

Its tax season and the SSA is, once again, aggressively intercepting the tax refunds of those who they claim have received an over payment of benefits.  However, as most social security lawyers know full well, these attempts to collect old debts are not always fair.  Just a few weeks ago the tax refund of a Mary Grice, a Maryland resident, was stopped because of an alleged over payment that someone in her family allegedly received 37 years ago when she was a minor.  

One of the most troubling aspects about this case is that the SSA has not been able to identify who in Grice's family received the over payment.  (Grice was 4 years old when the over payment was made.)  Grice filed a lawsuit against SSA alleging that the government violated her due process rights by holding her responsible for a debt allegedly incurred under her father's Social Security number.  It was about time someone had the guts and the resources to take the incompetent bureaucrats from the SSA to Federal Court!    

In response to this and other scandalous stories of Social Security's outrageous attempts to collect old debts, Sens. Barbara Boxer (D-Calif.) and Barbara A. Mikulski (D-Md.) have asked the SSA to stop its practice of intercepting federal and state tax refunds to cover overpayments that the agency says it made to families more than 10 years ago. “Grice and other families like hers are unfairly being held responsible for decades-old errors at the Social Security Administration — even though many of these taxpayers were children at the time the error was made,” Boxer and Mikulski wrote. “Too many of these families are now finding themselves trapped in a mess of paperwork and red tape.”  

Thanks to Ms. Grice, her attorney Robert Vogel and, Senators Boxer and Mikulski for taking on this fight on behalf of all of those who are constantly abused by the arrogance and ineptitude of the Social Security Administration.

Social Security Issues New Ruling on Chronic Fatigue Syndrome (CFS)

Effective April 3, 2014, the Social Security Administration will adopt a new ruling regarding the evaluation of Social Security Disability cases involving chronic fatigue syndrome also known as CFS.  (SSR 14-1p)  To read the full ruling click here.  This ruling replaces the prior ruling on CFS issued in SSR 99-2p.  

A Social Security ruling is a decision by the SSA which is supposed to be followed by all disability adjudicators including judges.  However, a ruling does not have the same level of authority as statutes, regulations or case law.       

The purpose of the new ruling is to clarify how social security develops evidence to establish that a person has a medically determinable impairment (MDI).  This new ruling takes into consideration the medical advances and the latest research on the diagnosis and treatment of this condition.  The ruling relies on the definition that the Centers for Disease Control (CDC) uses for chronic fatigue syndrome.  The ruling states that CFS is characterized as "a syndrome that causes prolonged fatigue lasting 6 months or more, resulting in a substantial reduction in previous levels of occupational. educational, social or personal activities".      

SSR 14-1p is very important because it recognizes the existence of a disease that many in the medical community have doubted as a legitimate illness.  The fact that the Social Security Administration has issued two rulings regarding CFS reinforces the idea that this disease is real.  Unfortunately, other diseases such chronic lyme disease have not been acknowledged by a Social Security ruling.  Social Security Disability Lawyers around the country are anxiously waiting to hear whether the SSA will address lyme disease in a future ruling.   

 

Support "The Social Security Fraud Prevention Act of 2014"

Ranking member of the Ways and means Social Security Subcommittee Xavier Becerra (D-CA) has announced that he is introducing legislation to give the SSA the real effective tools to fight fraud and abuse of the disability benefit programs.

While many opponents have wasted time and efforts criticizing the Social Security disability programs, H.R. 4090 provides "a secure stream" of funds to allow the agency to implement a system of fraud prevention.  This bill will give the SSA the funds it needs to perform much needed continuing disability reviews (CDR's).  Currently there is a backlog of 1.3 million cases that have not been reviewed by the agency as they were supposed.  

This proposed bill would require the Social Security Commissioner to create "Cooperative Disability Investigations Units" in all 50 states and its territories by October 1, 2017. 

I applaud Congressman Becerra's efforts and urge the Connecticut and Massachusetts Congressional Delegation to support H.R. 4090.  To see Congressman Becerra's statements before the Ways and Means Committee watch the video below:

https://www.youtube.com/watch?v=83AuSRqlIBw

What to Expect in a Video Social Security Disability Hearing

If your SSDI or SSI hearing has been scheduled, it is possible that your case will be one of those in which Social Security conducts the hearing via video.  You might be wondering what such hearings are like and how best to prepare for it.  Here are some tips, as well as some important information on what to expect from your video hearing.

The best way to be mentally prepared for this type of hearing, is to understand that the technology used in these types of proceedings is very similar to the technology used when conducting conversations via skype.  Therefore, you should think of your video hearing as if it were a skype interview conducted by the judge.

In a video hearing you will be able to see all the participants in a really large T.V. screen. The administrative judge stays in his or her office, while you sit in a room that is close to your residence.  A technician hired by the Social Security Administration is present at all video hearing to assure that the equipment works properly.  Except for the equipment, a video hearing is no different than a hearing at which you appear in person.  Video hearings are very common in remote areas of the country where it is difficult for Social Security claimants and their lawyers to be present directly in front of the judge. 

The number of video hearings is currently on the raise.  It is estimated that in fiscal year 2013 the SSA conducted 179,308 video hearings.  This is more than twice the number of video hearings conducted in 2009.  Often an appearance by video hearing can be scheduled faster than an in-person appearance.  For this reason, it is estimated that the use of video technology has helped considerably in decreasing the backlog of pending claims.

Inability to Stoop or Bend and Social Security Disability

A person's inability to stoop could have great significance in the outcome of a Social Security Disability case.  This limitation should never be overlooked by claimants and their attorneys.  While limitations with respect to other activities such as walking, standing, sitting or lifting are important, I find that in many instances a person's inability to stoop can be crucial in getting Social Security to issue a determination that the claimant is disabled.

 

The Social Security Administration defines stooping as: "Bending the body downward and forward by bending spine at the waist, requiring full use of lower extremities and back muscles."  Claimants with lower back conditions (such as spinal fusions, degenerative disc disease or spinal stenosis) are the most likely to suffer from limitations in this area.

 

Social Security Ruling 96-9p provides that a complete inability to stoop significantly erodes the unskilled occupational base and usually results in a finding that the individual is disabled.  However, it must be emphasized that for there to be a determination that the person cannot perform unskilled sedentary work, the limitation with respect to stooping must be absolute.

 

In addition, Social Security Ruling 83-14 provides that in most medium and heavy jobs a person must be able to stoop from one third to two thirds of the work day.  Therefore, a person who is unable to stoop more than a third of the time, must be found to be unable to perform medium or heavy work.  This limitation could be a significant factor in winning cases for older claimants who have never had a light or sedentary job in the fifteen year period prior becoming disabled.

 

In light of the rules discussed in this blog posting, it is important for claimants to properly document any limitations that they might have with respect to stooping.  If possible, they should ask their doctors to comment how often they can or cannot stoop or bend in an eight hour day.

Disability Claims Involving Borderline Intellectual Functioning

Representing Social Security Disability clients with borderline intellectual functioning is something that I am particularly passionate about.  (Borderline intellectual functioning was formerly called "borderline mental retardation".)  I must confess that these cases can be very challenging and, at times, totally frustrating.  The main reason why these cases are so difficult is that determining a person's intelligence is a complicated matter. Test scores and psychological evaluations are very imprecise indicators of a person's ability to function.

Pursuant to Social Security Listing of Impairments 12.05, a person with "a valid verbal, performance, or full scale IQ of 59 or less" is eligible for Social Security Disability benefits.  (Section 12.05 B of the listing)   For purposes of Social Security Disability, a person with an IQ of 59 or less is considered to have low intellectual functioning.  

The situation is a bit more complicated when a claimant obtains a score between 60 and 70.  For purposes of Social Security Disability, a score between 60 and 70 is considered "borderline intellectual functioning". Listing section 12.05 C states that a person is entitled to benefits if he or she has "A valid verbal, performance, or full scale IQ of 60 through 70 and a physical or other mental impairment imposing an additional and significant work-related limitation of function".  (Emphasis added.)  The important question in cases when a claimant scores between 60 and 70 is determining what constitutes "an additional and significant work-related limitations of function".  There has been much litigation regarding what this particular phrase means.  The Court of appeals of several circuits have defined this term as follows: "an impairment imposes a significant work-related limitation of function when its effect on a claimant's ability to perform basic work activities is more than slight or minimal.  See Fanning v. Bowen, 827 F.2d 631, 632-33 (9th Cir. 1987). (citing Pullen v. Bowen, 820 F.2d 105, 109 [4th Cir.1987]; Cook v. Bowen, 797 F.2d 687, 690 [8th Cir.1986]; Nieves v. Secretary of Human Services, 775 F.2d 12, 14 [1st Cir.1985]; Edwards by Edwards v. Heckler, 755 F.2d 1513, 1515 [11th Cir.1985].)  (See also District Court decision in  Magray v. Shalala, 880 F. Supp. 1278 (E.D. Wis. 1995))  Generally, this means that additional mental health conditions such as depression and anxiety in addition to an IQ between 60 and seventy might be considered an "additional significant work-related limitation" within the meaning of Social Security listing 12.05 C.  Other relatively common physical conditions might also be considered an additional work-related limitation.

Are My Social Security Disability Benefits Taxable?

For the most part, Social Security Disability benefits are not taxed in their totality.  You will never have to pay federal taxes on more than 85% of your Social Security Disability benefits.  In most cases, you only have to pay taxes on your Social Security when you have other substantial income such as dividends, past wages or other taxable income.  Moreover, SSI payments are never taxed.  

As a general rule, you only have to pay federal taxes on your SSD benefits when you report more than $25,000 on your individual filling.  If you file jointly with your spouse, you will only have to pay taxes if your combined income is more than $32,000.

However, as I indicated before, you never have to pay taxes on 100% of your benefits.  For example, if you and your spouse have a combined income between $32,000 and $44,000 you only have to pay taxes on 50% of the Social Security Disability benefit.  If you and your spouse make more than $44,000, then you will have to pay taxes on 85% of your benefit.  

What about large retroactive payments received in 2013?  Fortunately, in 2013 many of our clients received large retro-payments (back pay).  Under these circumstances, your tax rate might be higher than usual because of the lump sum.   This is a tricky situation.   Fortunately, the IRS allows taxes on Social Security Disability retro payments to be spread out over previous tax years using the current tax return and  the good news is that you don't have to file an amended tax return for the prior years.  This will prevent you from paying higher taxes in 2013.  If you received a lump sum, you will see the amount entered in Box 3 of the 1099 form that Social Security will send you.  Apparently, it is easy to make a mistake when you try to figure out how to spread the lump sum payment by yourself.  For this reason, it might be a good idea to hire a tax professional to help you figure this out.  Worksheets provided in IRS publication 915 and tax preparation software can also be used to determine the tax liability of a large retroactive SSDI payment.  

Disclaimer:  I am a Social Security Disability Lawyer, not a tax lawyer or an accountant.  Please consult an expert in tax law for specific advise.

The SSA Has Wrongly Classified Some Beneficiaries as Being in Prison

Social Security disability beneficiaries suffer a great deal from the frequent mistakes and the overall incompetence of the Social Security Administration.  Almost on weekly basis, I see horrible mix ups that cause a great deal of pain and aggravation to disabled individuals.  Unfortunately these days, the media is so concerned with news reports that discredit the importance of the disability benefit programs, that they ignore the pain and suffering endured by those who fall victim to the ineptitude of the SSA.

Take the example of the terrible injustice committed against Fernando Ortiz from Fort Lauderdale, Fla., whose benefits were discontinued twice because the SSA mistakenly believed that he was in prison.  Twice Mr. Ortiz was told that his benefits were being stopped because he was supposedly serving time at the Pondville Correctional Center in Massachusetts.  However, officials from the Massachusetts prison have stated that they don't understand how this mistake could have happened because they don't have any prisoners with that name.  

This problem seems to happen quite frequently.  I recall receiving at least one call from a client in Springfield, Massachusetts regarding a similar problem.  However, in Mr. Ortiz's case, the mistake happened twice within a five month period.  In December, the SSA sent a letter to Mr. Ortiz alleging that he was in prison and that he was liable for a $6,883.60 "overpayment" of his benefits.  The bureaucratic mess dragged into January and Ortiz had to drain his small savings to pay his bills.  Moreover, his Medicare benefits were also discontinued due to the problem, causing him to have to cancel an important doctor's appointment.  

What is most ironic about this story is the fact that, just a few months ago, the enemies of Social Security Disability were claiming that beneficiaries of the program were often overpaid --implying that large numbers of beneficiaries were ripping off the system.  Obviously, these critics were not taking into consideration the fact that in many cases these alleged over payment letters are sent due to errors within the agency and not due to actual over payments received by the beneficiaries.   

Give the SSA Sufficient Funds to Fight Fraud

I am extremely saddened by the news that a group of approximately 100 former police officers and firefighters were indicted in New York City for allegations of fraudulently seeking and obtaining SSDI benefits. I find these alleged actions to be appalling.  Any abuse of the Social Security Disability programs is perpetrated at the expense of millions of disabled beneficiaries to whom SSDI benefits is their only way to survive economically.

If fraud was indeed committed, these individuals should be brought to justice.  However, these unfortunate cases of fraud should not be used as a reason to limit disability benefits to those who truly need them.  The National Organization of Social Security Claimant's Representatives (NOSSCR), an organization of which I am a sustaining member, has issued a statement regarding these arrests in New York, which states in part: "We cannot allow the bad behavior of a relative few to jeopardize the crucial benefits of millions of Americans with significant disabilities and severe illnesses who depend on these programs.

The Social Security Administration works to prevent fraud.  However, the agency needs funds to put up a good fight against corruption in the system.  In the past years, the agency has been deprived of the administrative resources it requires to conduct necessary program integrity.  Congress must appropriate funds to give the SSA adequate resources to ensure that the right persons receive benefits --with correct amounts and at the right time.   

The Role of the Vocational Expert in Your Social Security Disability Hearing

If you have received a notice of an upcoming Social Security Disability hearing, you are probably wondering why the notice letter states that the judge has requested a vocational expert to be present.  Understanding what role this vocational expert will play, helps alleviate some of the stress and nervousness felt by claimants on the day of the hearing.

A vocational expert or "VE" is called to testify in practically all Social Security Disability hearings.  The role of this expert is to assist the judge in determining whether there are any jobs available that a claimant can perform given his or her limitations, age, education and skills.  It is important to be aware that the vocational expert never asks any questions directly to the claimant.  The lawyer and the judge will be the only persons asking direct questions from the claimant. 

The Vocational Expert testifies once the claimant has completed his or her testimony.  In some cases, the judge does not ask any questions of the VE.  This is usually  a good sign and it probably means that the evidence presented by the claimant was so strong that there is no doubt in the judge's mind that there are no jobs that the claimant can perform.  

The judge usually begins his questioning of the Vocational Expert by asking him or her to define the nature of the job or jobs that the claimant held in the 15 year period prior to the alleged onset date of disability.  The VE's testimony is supposed to be based on a very large publication called the "Dictionary of Occupational Titles" , also called the "DOT".  This publication contains lists of occupations with job descriptions.  Each one of these jobs is given a title and a number.  When the VE testifies, you should expect him to recite job titles followed by long 9 digit numbers.  This part of the hearing is perhaps the most complicated.  Don't be alarmed if you have a hard time following the VE's testimony.  This is one of the reasons why it is a good idea to hire Social Security Disability Lawyer who can represent you at the hearing and help you deal with highly technical testimony of the VE.  

Once the VE describes the kind of work that you did in the past 15 years, the judge will ask him or her a series of hypothetical questions.  These hypothetical questions will ask the VE to assume that the claimant has certain limitations and then ask him or her to state whether there are any jobs that the claimant can perform given these limitations.  If the VE provides convincing answers that there are jobs available in the economy that the claimant can perform, the case will be denied.  If the VE testifies that there are no jobs that the claimant can perform, the case will in all likelihood be granted. 

One he of the most important roles of a Social Security Disability lawyer is to be able to ask questions ("cross examine") of the VE in a way that would lead the judge to make a finding that there are no jobs available that the claimant can perform.  If the lawyer is successful in this stage of the case, there is a high probability that his client's case will be won.              

Social Security Disability Calculators: How to Find Out Your SSI/SSDI Benefit Amount

As a Social Security Disability Lawyer my job is to prove that my clients are found "disabled" under the Social Security Disability rules.  This process involves a great deal of work dealing mostly with medical and vocational issues.  I rarely get to calculate the specific amounts that my clients will receive.  For the most part, mathematical calculations are beyond the scope of what I do.  However, very often clients ask me how they can find out what amount their disability benefit will be if their cases are granted.  In response to this frequent question, I will like to post some links to some very useful calculators, available online, that can help disability claimant's estimate their benefits.     

 

The first link is an SSI/SSDI Calculator App available at Google's Play Store.  You can download this App into your phone totally free of charge:

 

https://play.google.com/store/apps/details?id=com.yottaram.ssicalc

I find that this App is particularly useful when you are trying to determine how much money will be taken from your SSI payments if you receive earnings from part time work.  By using this App, you can make an analysis of how you will end up financially if you decide to take apart time job.  Download the App, use it, play with it, and let me know how it works for you.

 

In addition to this phone App, the Social Security Administration has several calculators in its webpage that can help claimants determine their benefit amounts:

http://www.ssa.gov/planners/benefitcalculators.htm

Note that the SSA has more than one calculator available.  There are different calculators for different types of Social Security benefits.  This variety of calculators is particularly useful for older claimants who are planning their disability benefits in conjunction with their retirement.  This way they can calculate disability benefits and retirement benefits for their spouses.

 

Hopefully my readers will find these electronic gadgets useful.  Please let me know how well these calculators work for you.