Colorado Social Security Law

If you have a long-standing history with your doctor, it is often a good idea to speak with your doctor early on during the Social Security disability application process.

Here are some things you should discuss:

• Let your doctor know that you are applying for Social Security disability benefits.
• Ask your doctor if he or she feels that you are disabled? Does your doctor think you would be able to do some type of full-time work?
• Is the doctor willing to write a statement to Social Security, or fill out a form from your lawyer, about your limitations?
• Even if not, ask your doctor would be willing to help out in some other way. The doctor may have a suggestion that might help your case.

Keep in mind that depending on your age you may not need to prove that you cannot perform any kind of work to qualify for Social Security disability benefits. Continue reading →

Social Security may approve Supplemental Security Income (SSI) benefits to children with a low birth weight (regardless or whether the child is premature).

According to the Social Security regulations, these cases are often reviewed by the child’s first birthday.

When we will conduct a continuing disability review. … we will start a continuing disability review …

By your first birthday, if you are a child whose low birth weight was a contributing factor material to our determination that you were disabled; i.e., whether we would have found you disabled if we had not considered your low birth weight. However, we will conduct your continuing disability review later if at the time of our initial determination that you were disabled.

That last sentence from 20 CFR 416.990 is a bit unclear. While not legally binding on Social Security, the publication Benefits For Children With Disabilities provides a better explanation.

By age 1 for babies who are getting SSI payments because of their low birth weight, unless we determine their medical condition is not expected to improve by their first birthday and we schedule the review for a later date.

In other words, unless Social does not expect improvement, a low birth weight baby approved for Social Security SSI benefits will usually have his or her case reviewed by age 1.

Under Social Security regulations low birth weight babies may qualify for Social Security disability (Supplemental Security Income – SSI) benefits.

It is important to note that Social Security does not specifically consider whether the child is premature or not. Social Security considers the birth weight of the child:

“Low birth weight” is defined as a birth weight under 1,200 grams (2 pounds 10 ounces) or under 2,000 grams and small for gestational age.

Social Security does provide SSI disability benefits to certain low birth weight infants, whether or not they are premature. A child who weighs less than 1200 grams (about 2 pounds, 10 ounces) at birth can qualify for SSI on the basis of low birth weight, if otherwise eligible. A child who weighs between 1200 and 2000 grams at birth (about 4 pounds 6 ounces) AND who is considered small for his or her gestational age may also qualify. For this second category of low birth weight infants, the following chart shows the gestational age at birth and corresponding birth weight that satisfies our “small for gestational age” criterion.

However, even newborns over 1,200 grams may qualify for SSI depending on their gestational age. LIsted below are the gestational ages and birth weights that may qualify a child for Supplemental Security Income benefits (re-formated from the Social Security website for easier viewing:

37-40 weeks — Less than 2000 grams (4 pounds, 6 ounces)

36 weeks — 1875 grams or less (4 pounds, 2 ounces)

35 weeks — 1700 grams or less (3 pounds, 12 ounces)

34 weeks — 1500 grams or less (3 pounds, 5 ounces)

33 weeks — 1325 grams or less (2 pounds, 15 ounces)

For more information, check out the Social Security FAQ.

Yes. Under some circumstances, Social Security can immediately start Social Security disability benefits, and continue to pay benefits for up to six months, while the state agency component of Social Security makes a formal decision of whether the child is disabled. These are called “Presumptive Disability” cases.

Basically, Social Security is saying that the child is probably disabled, and as such will pay benefits, while it reviews the case to confirm the presumed disability.

Here are the conditions that may qualify: Continue reading →

Mark E. Smith’s great blog Wheelchairjunkie.com, has a great article about powerchairs — a topic which combines two issues I am passionate about: disabilities and technology.

I have seen some amazing powerchairs, from a super speedy model with an Herman Miller Aeron chair, running circles around people at Sam’s club, to a Dean Kamen Segway filled with a small bench (!) at Whole Foods letting the rider sit much higher that in a traditional chair, aiding in shopping and interacting with people at a common height. It is exciting seeing the developments in this area. These advances create an expectation of more than just simple mobility but also freedom.

So, do powerchairs chairs really cost as much as a car.

Not long ago, I saw a television news story about an amazing young woman who happened to use a power wheelchair. … However, just as I was enjoying the story, watching the young woman walk her dog through the grass at a park, the reporter uttered the very words that make me want to rip my flat-screen cable television from the wall every time I hear such statements: “Her power wheelchair cost $30,000, as much as a car,” the reporter said.Like a football fan whose quarterback just dropped the ball, I wanted to jump into the television and choke the reporter. “Power wheelchairs dont cost as much as cars – thats a $5,000 wheelchair configuration, not a $30,000 one!” I screamed, rolling close to the TV, trying to get in the reporters face.

via Cars VS. Chairs – WheelchairJunkie.com.  Also check out Mark’s other blog, PowerchairDairies.

People often ask, “Do I have to pay taxes on Social Security benefits?”

Here is the answer directly from Social Security:

Some people who get Social Security will have to pay taxes on their benefits. Less than one-third of our current beneficiaries pay taxes on their benefits.

You will have to pay federal taxes on your benefits if you file a federal tax return as an “individual” and your total income is more than $25,000. If you file a joint return, you will have to pay taxes if you and your spouse have a total income that is more than $32,000.

For more information, call the Internal Revenue Service (IRS) toll-free at 1-800-829-3676 and ask for IRS Publication Number 915, Social Security and Equivalent Railroad Retirement Benefits. People who are deaf or hard of hearing may call the IRS toll-free number, 1-800-829-4059.

If you wish to have federal taxes withheld from your check, see  Can I have federal taxes withheld from my Social Security check?

The Social Security Administration has no authority to withhold state or local taxes from your benefit.  Many states and local authorities do not tax Social Security benefits.  You should contact your state or local taxing authority for more information.

Via Social Security’s FAQ page.

If you are looking at your Social Security exhibit file and you notice that all the exhibits are numbered with a letter in front, such as “B1A, B2A, B1B, B2B,” etc, this means that you are looking at the “B” file — a file for the second application for Social Security disability benefits.

In other words, the first time you file for benefits, Social Security creates an “A” file. Since this may be the only file you ever have, it is not referred to as the “A” file.  However, if you file a second application, the second file becomes the “B” file. The third application becomes part of the “C” file, and so on.

These letters are just a way to distinguish the file and quickly tell whether a file is an earlier file or a later file.

Note: this system does not always work. I have had clients with 5 or more applications and their file had either no letter or it may have only been the “B” file. So, the absence of a letter does not mean there isn’t a prior file, but if there is a letter, then there definitely is a prior file.

So, do you want it and how do you get it?

If there is Social Security information out there, I generally want it. There are exceptions of course. I do not necessarily want a file from 10 years ago, but a file that is only 2 years old may have some valuable evidence in it. It all comes down to the specific circumstances of the case. Sometimes a client tells me that a prior Social Security examiner gave the client a favorable report, or a prior hearing denial said the client was limited to light work and since the client is now 55 year old, that by itself my let the client be approved. Then, absolutely, I want to get my hands on that file!

This usually just means asking for it. I do this by addressing a request, a letter really, to the judge or the judge’s office. I request that the prior file be made available, or requested (if it is in storage) and I state my reasons for why the file may be important in the current case. I have never seen a judge refuse this request.

Then, follow up to make sure the file has been received, and either request a copy of the file on CD or schedule time to make a copy of the file the ODAR (Office of Disability Adjudication and Review) office.

Did you know that Social Security has a special disability benefit rule just for individuals who did not complete high school and who have done hard physical work for most of their lives?

Maine and New Hampshire Social Security Attorney Gordon Gates lets you in on this little know exception:

There is an offbeat little provision in the Social Security regulations that grants benefits for a worker who fits a particular vocational profile. This is the “worn out worker” rule.

The rule has 3 requirements for claimants:

1) a marginal education,

2) 35 years or more of only arduous unskilled physical labor,

3) the claimant is unable to do this kind of work because of a severe impairment(s).

Click through to Gordon’s article for details on what consistutes a “marginal” education and more information on how Social Security applies the “Worn Out Worker Rule” to see if it can help you in your case!

via Social Security Disability Lawyer | Maine Social Security Attorney | New Hampshire ALJ Hearings: The Worn Out Worker Rule.

Remember the earlier post about the 2 year freeze (2010 & 2011) on cost-of-living adjustments for Social Security beneficiaries and how it would result in a net decrease in benefits because while benefits may stay the same, Medicare premiums are likely to go up?

Well, it looks like there may be an extra stimulus payment to seniors to help offset the increase.

President Barack Obama called on Congress Wednesday to approve $250 payments to more than 50 million seniors to make up for no increase in Social Security next year.

Check out this article for more information: Obama calls for $250 payments to seniors – Yahoo! News.

It always shocks me when I hear that Social Security has discouraged someone from filing an appeal. However, several times a year someone tells me something like this:

When I asked for the forms to appeal I was told, ‘if you appeal, you are just going to be denied.’

This is improper for a number of reasons:

1. It is not Social Security’s job to encourage or discourage people from pursuing cases. You have a right to appeal!
2. If you are requesting a hearing, the person telling you not to appeal will not be the person making the decision. So he or she has not idea what the outcome will be.
3. Telling you not to appeal assumes that Social Security knows all there is to know about a case and nothing will change the decision. As a lawyer whose job it is to get Social Security to change its mind, I can tell you I have not seen a single case that Social Security had all of the relevant information.

If someone at Social Security tells you not to bother appealing, get the person’s name and ask to speak to head of that Social Security office. Better still, send a letter both to head of the Social Security office and to your Congressperson complaining that Social Security is bullying you out of pursing your rights.

You may have a good case, you may have a bad case. But it is an abuse of power to try to talk you out of pursuing your rights by telling you that you will be denied again.

Terry Petterson of DisablogND recently posted about changes in the Social Security rules which now let you report earnings to SSA by telephone:

Beneficiaries, deemors and representative payees reporting a change in wages can report their monthly wages to SSA by telephone. These instructions explain what beneficiaries, deemors, and representative payees need to do in order to use the SSA phone system to report monthly wages.

Beneficiaries, deemors and representative payees who would rather not report wages by telephone can use traditional reporting methods such as mailing or bringing paystubs into their local Social Security office. Monthly telephone reporters who experience technical difficulties should contact their local field office for assistance.

For more information, including when you should call to report wages, and what you need to have before you call, check out the article at DisaBlogND.

My previous article discussed how Social Security makes it easier for people over 50 years old to receive disability benefits, even if they can still perform some kind of work.

I am 49 years old! I am about to turn 50. Isn’t that close enough?

It might be. If you are within a few months of an age when the Social Security rules change (50, 55, 60),  you might have a “borderline age” case.

Using the example above, if you are 49 years old and within a few months of your 50th birthday,  Social Security may apply the rules for 50-year-olds to your case. This might make the difference between being approved Social Security disability benefits, and being denied!

However, you need to be aware of the borderline age issue and bring it up to Social Security, or to the judge, if you are at the hearing level.

As part of my series on how to prove you are disabled and eligible for Social Security disability benefits, my latest article, “Winning Social Security Disability Benefits After Age 50” is now on Dallas Texas Social Security disability attorney Bob Kraft’s P.I.S.S.D. (Personal Injury Social Security Disability) website.

Click the link and check it out!

As discussed previously, impairment related work expenses (IRWEs for short — pronounced “Eer-whee’s”) are a way of reducing an individual’s earnings below the substantial gainful activity threshold, and thereby preserve eligibility for disability benefits.

Social Security has a great chart showing examples of which IRWEs are deductible (can be used to reduce income) and which are non-deductible (cannot be used to reduce income): Continue reading →

If you are between 18 years old and 50 years old, you are in the most difficult age range to get Social Security benefits.

Before you turn 18, Social Security uses the “child” standard for disability evaluations.

After you turn 18, though, Social Security uses the “adult” standard. You have to show that you are unable to do any type of work which exists in substantial numbers in the national economy. That bit of legalese basically means that you have to show that you can’t do any kind of work anywhere, anyhow so long as it is a substantial gainful activity (SGA).

Social Security can deny your benefits if you are able to perform work at any exertional level.

Some attorneys do not want such a case such where an individual is less than 50 years old. However it is possible to win a Social Security disability case if you’re under 50.  It is just harder, and the attorney has to work for it. But after all, that is why you are hiring a lawyer in the first place.