Monthly Archives: October 2010

Social Security disability hearings: erosion in the job base

By , October 25th, 2010 | 3 Hearings | 0 Comments

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The vocational expert at a Social Security hearing may testify that there is an, “erosion in the job base.” I have had a number of people ask me what this means?

As I wrote about before, the vocational expert’s job is to testify about the availability of different jobs in the national economy. The vocational expert responds to be Administrative Law Judge’s (ALJ’s) hypothetical questions about the effect of limitations on an individual’s ability to perform job duties.

In other words, the vocational expert testifies about what jobs (if any) a person can still do despite their limitations.

However, not every job is performed the same way, and, jobs can be performed differently (with different abilities and limitations) in different industries.

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25Oct

Social Security disability benefits in a half-way house

By , October 18th, 2010 | Disability Insurance Benefits DIB, Stopping Benefits, Supplemental Security Income | 0 Comments

dreams are worth the hassle

Even though you cannot receive Social Security benefits during incarceration, can you get disability if you are out of jail or prison and residing in a half-way house?

Under the Social Security regulations, the answer is “no.”
“I was transferred from prison to a halfway house that is under the control of my state’s Department of Corrections. Can I have my benefits started again since I am no longer in prison?”

No. Social Security will not pay benefits while you reside in any facility under the authority of your state’s Department of Corrections.  Even though you are no longer in prison, you …

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18Oct

No increase in Social Security SSI disability benefits in 2011

By , October 15th, 2010 | SSA News, Supplemental Security Income | 11 Comments

Social Security announced today that there will be no increase in Social Security Supplemental Security Income (SSI) disability benefits for 2011. The Federal Benefit Rate (FBR) – the maximum monthly rate for SSI benefits – will stay at $674 for individuals per month, and $1,011 per month for couples.

Historically, SSI benefits have increased annually. The last increase was in 2009 increasing maximum SSI benefits from $639 to $674. This makes 2011 the third year in a row that SSI benefits are staying at the same rate. More information about changes to Social Security in 2011 including substantial gainful activity (SGA) and trial work period (TWP) amounts can be found …

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15Oct

Social Security Disability News: Fast-Track Getting Faster

By , October 13th, 2010 | SSA News | 0 Comments

Social Security has issued a press release that the Commissioner of the Social Security Administration has published final rules to reduce how long it takes to get an initial decision on the most severe disability cases.
The new rules allow disability examiners to make fully favorable determinations for adult cases under the agency’s Quick Disability Determination (QDD) and Compassionate Allowance (CAL) processes without medical or psychological consultant approval. It also will help the agency process cases more efficiently as it will give medical and psychological consultants more time to work on complex cases where their expertise is most needed.

“The new rules we are publishing today will help us get …

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13Oct

Social Security disability benefits and home monitoring

By , October 11th, 2010 | Stopping Benefits | 3 Comments

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Will your Social Security benefits (Social Security disability insurance – SSDI, or Supplemental Security Income – SSI) stop if you have to wear an ankle bracelet or other type of home monitor?

The answer is no. Social Security does not consider in home detention as “incarceration” which would normally stop payment of Social Security benefits to the disabled individual.

So, having a home ankle monitor will not stop your Social Security benefits.

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11Oct

When do Social Security benefits stop after incarceration

By , October 4th, 2010 | Stopping Benefits | 17 Comments

As a general rule, you are not entitled to Social Security disability benefits if you are incarcerated in jail or prison. However, Social Security benefits do not end immediately with incarceration:

If you are on SSI (Title 16 – Supplemental Security Income benefits), your Social Security disability benefits do not stop until you are incarcerated for 30 days:
If you get a monthly SSI check and you are in jail, your SSI check will stop after you are in jail for a full calendar month.

For example, if you were in jail on 3/21/01 and you will stay there to serve a three-month sentence, SSA will stop your SSI check beginning …

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4Oct
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