Qualifying and being approved for Social Security Disability is not as simple as reporting symptoms you claim are disabling to the SSA in your disability application. The SSA has a very specific definition of what qualifies as a disability. In layman’s terms, the SSA’s definition of a disability is the inability to work and earn sufficient income because of a medically verifiable condition expected to last at least twelve months.
In the heat of debates among Republican presidential nominees, the topic of Social Security reform has stood out from the rest as highly controversial and potentially crucial, especially in states such as Florida which have a high population of retirees dependent on the SSA’s retirement or disability benefits program.
GOP candidate Mitt Romney, former Massachusetts governor, has received criticism from both political parties for his seemingly changing stance on the presidential debates’ hot topic.
Veterans of the U.S. military could be entitled to receive compensation for any disability resulting (or worsened) by injuries or diseases related to their military service. Currently, those applying for Veterans’ disability benefits who experience multiple symptoms are required to undergo a doctor’s examination to determine what portion of each symptoms is related to their service-related disability. Last November, Sen. Patty Murray (D-WA) contacted the Secretary of the Department of Veteran’s Affairs (VA) asking that this requirement be eliminated.
At a time when the headlines are full of criticism of the Social Security Administration (SSA)’s SSDI and SSI programs, one headline stands out as an example of the outstanding efforts of some individuals in helping deserving applicants receive the benefits they deserve in a timely manner.
The Bismark, North Dakota Department of Human Services recently recognized its Disability Determination Services (DDS) team, made up of 23 employees, for their excellence in fast, accurate processing of disability cases which come through their office.
The second step in the Social Security disability appeals process entails the Social Security applicant appearing at a hearing in front of an Administrative Law Judge (ALJ). If a disability claimant is denied benefits upon their initial application, and again upon reconsideration, they will submit a request for this hearing and then wait – likely a year or more – for their hearing to be scheduled. At the time they file their hearing request, they’ve likely already waited 6 months or more for their application to progress through the first two stages of the process.
If a disabled worker is denied Social Security disability benefits at the first two stages in the disability application process, the next step of appeal requires submitting a “Request for Hearing by Administrative Law Judge” form. Although virtually all of these requests are granted, due to a large backlog of claims, the wait for a hearing can be a year or more. Many Social Security applicants use this time to work with their disability attorney to prepare for their hearing.
If you are receiving Social Security disability benefits and are supporting a family, your family members could be eligible for an additional benefit payment on top of the amount that you receive. These are called auxiliary benefits, and the Social Security Administration (SSA) has provided specific criteria that must be met in order for a spouse or child to be able to receive these. Note that auxiliary benefits only apply to family members of those who are receiving Social Security Disability Insurance(SSDI), and not Supplemental Security Income (SSI).
A study recently conducted by the Obama administration reflected that many unemployed Americans apply for Social Security disability benefits around the time that their unemployment benefits are set to expire. These findings were based on interviews with a number of unemployed workers, and provide some insight into both the struggles that unemployed, low-income Americans face, as well as the growing burden placed on the Social Security Administration (SSA), which administers the Social Security disability programs.
Last week the state of Vermont was officially sued by Disability Rights Vermont and the Community of Vermont Elders, two advocacy groups for elderly and disabled residents in the state. The main allegation is against the state’s Adult Protective Services program which they claim has failed to improve its backlog of unassigned cases and respond in a timely manner to valid concerns of abuse and neglect against those suffering from severe disabling conditions.
The last year has brought increased scrutiny of the SSA’s appeal courts, the federal level at which cases denied twice by the state are allowed a final review. In understanding of the need for unbiased review of the way administrative law judges (ALJs) process Social Security Disability appeals, the administration has agreed to, and commissioned, the Administrative Conference to perform a review which is scheduled to be completed by November of 2012.
