Is a Social Security disability hearing without a Vocational Expert a bad sign?
I was recently asked what it meant that the Administrative Law Judge did not have a Vocational Expert (VE) testify at an individual’s Social Security hearing.
What happens when the administrative law judge does not call the vocational expert to the hearing. Why would the judge do that?
Well, I can’t tell you “why” the judge didn’t have VE. Some judges use VEs all the time, others do not. A VE provides evidence (testimony) about steps 4 & 5 of the sequential evaluation process.
Social Security to go “broke” in 2017
AP reports Social Security may run out of funds to fullyfund Social Security disability benefits as early as 2017:
New congressional estimates say the trust fund that supports Social Security disability will run out of money by 2017, leaving the program unable to pay full benefits, unless Congress acts.
…
The trustees who oversee Social Security are urging Congress to shore up the disability system by reallocating money from the retirement program, just as lawmakers did in 1994. If Congress does not act, the disability program will collect only enough payroll taxes to pay about 85 percent of benefits after the trust fund is exhausted in 2017.
So, Social Security may not have …
Social Security widow’s benefits for divorced spouse
Can a divorced husband or wife collects Social Security survivor’s benefits (widow’s or widow’s benefits) after a divorce?
Yes, in some circumstances, they can.
Here is a summary of the requirements:
You had to be married for at least 10 years before the divorce became final.
You are at least 60 years old; or you are at least 50 years old and have a disability.
If you are at least 50 and have a disability, the disability had to start not later than 7 years after the insured died or 7 years after you were last entitled to mother’s or father’s benefits or to widow’s or widower’s benefits based upon a disability, whichever occurred last.
You are not entitled to an old-age benefit that is equal to or larger than the insured person’s primary insurance amount
You are unmarried, unless for benefits for months after 1983 you meet one of the following conditions:
You remarried after you became 60 years old; or
You are now age 60 or older and you remarried after age 50 but before attaining age 60 AND at the time of the remarriage, you were entitled to widow’s or widower’s benefits as a disabled widow or widower; or
You are now at least age 50 but not yet age 60 and you remarried after attaining age 50 AND you are disabled AND your disability began within the specified time of subsection c in the regulation listed below.
Want an even simpler version? Here is a short and sweet version (with the exceptions cut out):
Social Security lawyers and percent won
Do you know how to find a good lawyer? How about asking:
What percentage of cases do you win?
A high percentage of wins sounds good to many people. However, it doesn’t necessarily mean you will get a good lawyer.
Let me let you in a secret: lawyers know high percentages impress people. A lawyer with a 99% success record sounds better than one who wins 75% of cases. It is good marketing to keep a high percentage of wins. Not good “lawyering”, good “marketing.” That means lawyers may do anything to keep their percentages up.
How do lawyers keep a high percentage of wins? By turning away cases that may lose. That means, not …
Does adoption cut off survivor’s benefits for children?
I previously wrote about when a child qualifies for survivor’s benefits. I was recently asked if adoption stops Social Security survivor’s benefits for a child.
If a child receives benefits from a deceased parent and is adopted by a step parent, can he still receive benefits from the deceased parent?
I had to confer with colleagues familiar with this topic.
Adoption after entitlement to benefits is not a terminating event.
However, adoption prior to entitlement to benefits might prevent entitlement. There are cases which have gone either way. It depends on the laws in the State where the worker died and other circumstances.
It is always a good idea to check with your local Social Security …
Is a 504 plan or IEP enough to win Social Security children’s benefits
My Colorado law office handled a number of Social Security disability benefits for children. Often parents have a 504 plan or an IEP (Individualized Education Program) from the school. Parents often ask me if this is enough to have their child approved for children’s disability benefits.
Unfortunately, typically not. While a 504 plan or an IEP is good evidence and often contains useful information about the child’s disability, it is often not enough by itself.
There is no single formula for winning a disability case. There is a wide range of possible …
