SOCIAL SECURITY DISABILITY UPDATES

The new Social Security disability  hearing office statistics are out for the reporting period starting 10/01/2011 and ending 03/30/2012.  The 165 hearing offices were ranked according to how many days on average it takes them to process a case through final disposal. Here are the top 3 (fastest) Social Security hearing offices: # 1  Mayaguez, Puerto Rico, 174 days #2  Shreveport, LA, 182 days and #3  Rio Grande Valley, TX, 188 days Chattanooga, TN came in at fourth place - but the average number of days jumped to 235 in fourth place. I looked up some of the hearing offices where I practice--in Alabama and Middle Tennessee. Unfortunately, our offices ranked closer to the bottom of the list. # 151  Montgomery, AL, 420 days #  153 Florence, AL, 426 days #  154 Nashville, TN, 435 days #  157 Birmingham, AL, 441 days Franklin, TN, however, came in at number 122 with an average processing time of 386 days.

Disability benefits and Supplemental Security Income  (SSI) benefits are both handled by the US Social Security Administration.  Therefore, the two programs are often confused.  They are actually quite different in many ways. First, Social Security disability is covered under Title 2 of the Act.  It requires a sufficient number of "quarters of coverage" earned by employment and payment of FICA taxes.  A rule of thumb says you need to have worked 5 years out of the most recent 10 years to be covered.  Awards under Title 2 are paid from the Social Security Trust Fund.  The amount of monthly benefit is determined by average earnings. SSI is referred to as "Title XVI (16)."  SSI requires no work credits to be covered.  So, individuals who have never worked may be eligible for SSI.  Unlike Title 2, SSI is for persons who are disabled and blind AND have very limited income and personal assets.  Generally, an individual must have less ...

It seems as if everything is experiencing a budget deficit.  Social Security is certainly no exception.  In an effort to save money, Congress has appropriated more funds to conduct "continuing eligibility reviews" of Social Security disability recipients.  The idea is that many individuals qualify for disability checks--and later improve.  If they experience "significant medical improvement," they may become able to work and won't qualify for disability checks any longer.  In order to determine who still qualifies and who doesn't, Social Security performs continuing disability reviews (CDRs). Almost every disability beneficiary will experience a continuing eligibility review.  At the time you were first awarded Social Security disability benefits, a computer somewhere scheduled you for a future review.  You may know about and you may not.  Reviews are conducted at least every 3 years in most cases.  If you receive Social Security disabi...

I recently ran the numbers on the average waiting time to get a Social Security disability hearing. It varies by region of the country, but 14 to 15 months seems to be about the average time a claimant waits to get his claim before a judge.  In one of the local hearing offices in Alabama, where I practice, the average wait time is 442 days. A couple of years ago, the Commissioner of Social Security assured Congress that measures were being taken to reduce the backlog and the waiting time.  While wait time has not sharply declined - we are seeing slight reductions, in spite of increased claim filings. Among the measures the Social Security Administration is taking:  hiring several hundred additional administrative law judges, attorneys and support staff; opening new hearing offices in some over burdened regions of the country, and offering more hearings by teleconference.  I appealed a Social Security case in April and it was scheduled for hearing in July.  L...

There are several myths out there concerning Social Security disability and mental impairments.  One myth is that anyone can get disability benefits by pretending to have a psychological impairment.  No one who thinks that has ever developed or tried a case before an administrative law judge.  Social Security has rather severe requirements that must be met before anyone gets a disability check.   Another myth--kind of on the opposite end of the spectrum--is that mental impairments are impossible to prove and, therefore, almost nobody can qualify for disability due to psychological or mental illness.  This, of course, is also untrue. If an individual has a mental impairment that has lasted or is expected to last for 12 months or more, presents serious limitations on the individual's activities of daily life, including the ability to work, there is good cause to file a Social Security disability claim. Quite by accident, when I first began my practice, my fi...

By Charles W. Forsythe The Forsythe Firm, Huntsville, AL  1-855-854-CASH or (256) 799-0297 Social Security disability Listings are found in the Code of Federal Regulations , Part 404, Subpart P, Appendix I.  Various types of impairments are categorized according to 15 body systems and exact medical requirements are given for "meeting a listing."  For instance, Section 1.00 covers the musculoskeletal system disorders and section 15.00 covers disorders of the immune system. The question often arises, "Must I meet the requirements of one of the disorders in "the Listings" to be disabled for Social Security benefit purposes.  The answer is, no.  Most of my clients who file successful Social Security disability claims do not meet the requirements of any listing.  This is because the listings are so specific and narrow that they are terribly difficult to meet. There are 5 sequential steps to a disability consideration.  At Step 3, the question is pos...

You do not need a representative to file a Social Security disability or SSI claim?  By that, I mean only that you can file the claim yourself.  You are in no way required to have a representative. That begs the question, "Should I have a representative?" which is an entirely different question.   You may be fine with handling the initial disability application process alone.  The problem is that 70 percent of initial applications are denied in Alabama.  Then, you enter the much more complex stage of an appeal, which will result in a hearing before an administrative law judge (alj).  Here, my opinion is that you definitely want to be represented.  I have never heard an attorney or professional non-attorney representative disagree with that opinion.  Here is why: First, a disability hearing involves submitting evidence to prove your case.  There are definite rules and laws about what you have to prove to win.  The hearing is about m...