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 …
Social Security offices cutting hours
Social Security offices are cutting the number of hours they are open to the public by 30 minutes each day. This is part of a nationwide program reduction caused by budget cuts (including cuts to 1,600 jobs at Social Security nationwide).
As of August 15, 2011, the Colorado Springs Social Security office will be open to the public from 9am to 3:30pm.
Social Security is encourage use of the Social Security website for most tasks. However, if you need to speak to a Social Security employee in person, get there early folks!
Source: Colorado Springs Gazette
Social Security denied me disability benefits using a doctor of WHAT?
Social Security has physicians review disability cases as medical consultant’s to make opinions on individual’s abilities and limitations. However, what good is the medical consultant’s opinion if they don’t have expertise in with the disability in question.
Per Nate Craig:
… you may also want to look at the Medical Consultant’s Code attached to the State Agency’s opinion. I am finding more and more reviewing physician’s making opinions outside their professional field. Recently an ALJ relied on the State Agency’s opinion where the initial decision was made by a SDM and then affirmed by a “dermatologist” MCC of 6. The AC kicked it back with the directive for another physical CE. At the remand hearing, the same ALJ entered a decision of disability back to original onset date.
Can creditors garnish Social Security benefits?
Can Social Security benefits be garnished by a creditor?
Social Security says “NO”.
If a creditor other than the federal government tries to garnish your Social Security benefits, inform them that such an action violates Section 207 of the Social Security Act (42 U.S.C. 407).
Section 207 bars garnishment of your benefits. It can also be used as a defense if your benefits are incorrectly garnished. Our responsibility for protecting benefits against garnishment, assignments and other legal processes usually ends when the beneficiary is paid. However, once paid, benefits continue to be protected under section 207 of Act as long as they are identifiable as Social Security benefits.
However, as noted above, while Social Security benefits cannot be garnished by a creditor, there are times when they can be garnished by the federal government.
When can that happen? Social Security provides the following instances when Social Security benefits can be garnished:
10 Steps to Prepare for your Social Security Hearing
My friend, Maine disability lawyer, Gordon Gates, has put together a free e-book, 10 Steps To Prepare For Your Social Security Disability Hearing.
In it, you’ll learn:
How Social Security reviews cases.
What you can do while waiting for your hearing.
How to expedite cases.
The information you will need to have at your hearing.
Check it out! Download a copy here.
Does Social Security family maximum reduce disability benefits?
We’ve previously talked about the Social Security Family Maximum, which limits the total amount of auxiliary benefits that paid out on any case. We have also discussed how a new child can reduce the auxiliary benefits for other children.
I was recently asked by a divorced dad if the auxiliary benefits paid out to others based on his disability (especially if the family maximum is reached) reduce his benefits?
No. Here is how Social Security explains it:
I’ve heard that there is a …
Effect of another child on Social Security auxiliary benefits
When a parent receives Social Security disability benefits, specifically SSDI (not SSI), his or her minor children are often eligible for Social Security auxiliary benefits. The minor children are still potentially eligible for these benefits even if the parents are divorced, and even if the children live with the non-disabled parent.
I was recently asked how adding another child will affect the amounts paid to the disabled parent’s children living in a separate household.
Documenting Social Anxiety for Social Security
Preface: It should be noted that medical evidence (such as treatment records and opinions) are often the best evidence of how social anxiety disorder is disabling. However, by its very nature, social anxiety disorder can make treatment difficult if not impossible. This post discusses alternative methods of documenting a social anxiety disability case.
Every case is different so it is very difficult to make general statements about how to prove a case. At least, other than, “make sure SSA gets your medical records.” Personally, I recommend working with a lawyer to help figure out the best way to develop your …
What if a Vocation Expert at a Social Security disability hearing is full of it
A reader asked:
How can a vocational expert have any say on my disabilities and limitations? I mean I dont get a VE slip to give to my boss when I’m sick.
That’s true. If a Vocational Expert (VE) says that a particular limitation should not prevent someone from being able to perform the duties a hypothetical job, does not help that person find an employer who will tolerate that limitation in the real world.
However, that is not the VE’s job. The VE only provides testimony about which jobs an individual is still able to perform (if any) despite their limitations. Also, the VE tempers the often out-of-date evidence in the Dictionary of Occupational Titles with more recent job treatises and personally performed surveys of real-world jobs as they are actually performed.
However, if the VE says I can still do a job that is inconsistent with my limitations, what can I do?
If the VE’s testimony is out of sync with reality, well…
Social Security disability review for children turning 18
Many parents mistakenly believe children’s Social Security disability benefits (Children’s SSI) are forever. However, that is not the case. If your child is still on disability when he/she turns 18, you may receive a letter that says the following:
Earlier we wrote to tell you that we would review your Supplemental Security Income (SSI) disability case to decide if you were still disabled. We are writing now to tell you that because you are over age 18, we will use the same disability rules we use for adults who file new claims to decide your case. However, we will not apply the rule that says we must deny your claim if you are working.
Doctors and other trained staff will decide if you are disabled under the disability rules for adults. We may decide that you are not disabled under the disability rules for adults and your SSI payments could stop. The disability rules for adults are different than the disability rules for children we used when we last looked at your case. So we may find you are not disabled now even though we found you disabled before. When we decide we will let you know our decision. Our letter will explain your right to appeal the decision. If you appeal the decision you can also choose to have us continue to make payments until we decide the appeal.
Social Security has to make a re-determination of disability at age 18 in order for benefits to continue. In short, once a child turns 18, they have to once again prove they are disabled — this time under the adult standard.
