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When a claimant applies for Social Security disability benefits, it can be a somewhat lengthy process. The first step in the process is to submit an application for Social Security Disability Insurance (SSDI) benefits, or Supplemental Security Income (SSI) benefits. Regardless of the type of benefits applied for, you submit the application to the United States Social Security Administration (SSA), as that is the federal governmental organization responsible for administering the Social Security disability programs. SSA also administers the Social Security Old Age and Retirement fund, with which most people are familiar.

flip-calendar-1-1281977-mOnce you submit the application, there is a good chance SSA will deny it, because they deny more than half of all applications without much regard to the merits of the application. Once an application has been rejected, claimant can submit it for reconsideration. This first appeal is typically done as a part of a peer review process, and it is a coworker of the employee who made the initial denial that is responsible for evaluating whether the denial was warranted or not. As one could imagine, it is not very likely that a denied application will be approved at this stage in the process.   Eventually, a claim will be given a hearing before an administrative law judge (ALJ). Continue reading

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According to recent news article from Fox News, a woman has recently been sentenced to life in prison for allegedly holding Social Security disability benefits hostage, mistreating them, and stealing their disability benefits.

desperationThe defendant was arrested about four years ago in Philadelphia when authorities discovered four adults locked in her basement. There was no food in the basement, and there was no bathroom either. The four victims were forced to share a single bucket as their toilet. Prosecutors said during the sentencing that defendant and a few others beat these victims and kept them chained up, locked in closets and in that basement and an attic. They were not given medical care and were taken back and forth between Pennsylvania, Virginia, Florida and Texas.   The reason they were doing this, according to prosecutors, was to steal these victims’ Social Security disability benefits.   The now 55-year-old woman who was the ringleader of the criminal conspiracy was sentenced to life plus 80 years in prison.   While it may seem strange to sentence someone life plus 80 years, in the federal system, life may only be 36 years, but after that, she would have to serve 85 percent of 80 years, so she will never be able to get out of prison. Continue reading

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According to a recent news article from Huffington Post, Representative Paul Ryan is not at all happy with the bipartisan budget bill his staff helped draft to provide funding to the Social Security disability fund. This is the fund the United States Social Security Administration (SSA) runs to provide Social Security Disability Insurance (SSDI) benefits and Supplemental Security Income (SSI) benefits.

freedom-1-889853-mIf the budget legislation, which provided a few more years of funding to the disability fund, was not approved, around 10 million Americans would face a 19 percent reduction in their benefits checks each month, and this would be devastating for these Americans, as they would no longer be able to make ends meet and take care of their families. Continue reading

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Veteran’s Day is a national holiday to honor the United States service members who have bravely risked their lives in the name of the United States.   Many towns and cities across the county choose to honor the veterans by throwing parades and giving out civic awards, but the real question of how well we are honoring these brave men and women can be measured in how well we take care of them when they return home from the battlefield.

peacekeeping-soldiers-1202476-mAccording to recent news article from the Palm Beach Post, wounded warriors may be able to turn to Social Security Disaiblty Insurance (SSDI) benefits for help, even if they are still on active duty status with the United States military. The interesting thing is that the determination made by the United States Social Security Administration (SSA) as to whether you are qualified for benefits deals with whether you have a disability, and if that disability is preventing you from doing work activity. The determination is not whether your employer is paying you. Continue reading

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For the past six months or so, the news has been flooded with reports that United States Social Security disability fund would run out of money in the later part of 2016. This would mean that, for those receiving Social Security Disability Insurance (SSDI) benefits and Supplemental Security Income (SSI) benefits, they would face a roughly 20 percent cut in their monthly benefits checks. This is a major, deal since we are talking about anywhere between 9 million and 11 million people, depending on how the estimate is calculated.

wealthThe crisis was recently averted when congress members worked together on a bipartisan budget bill that would provide funding for the next few years while making some changes to the Social Security disability applications process, such as adding more administrative law judges (ALJs). ALJs are the hearing officers the Social Security Administration (SSA) employs to adjudicate whether a claimant gets benefits after the initial application has been denied. While it would seem that the program is out of trouble for the near future, a recent news feature from CNBC is suggesting this may not be the case. Continue reading

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A 56-year old disability benefits recipient was first very pleased when she got a letter form the Untied States Social Security Administration (SSA), because she was finally receiving an increase in her monthly benefits, according to a recent news article from the Mail Tribune. For many years she had been living off $766 a month in Social Security Disability Insurance (SSDI) benefits plus another $350 in EBT benefits (food stamps).

selfportrait2However, when she read more of the letter, she learned that she was not receiving an additional $260 in benefits each month as she had originally thought, but instead was being told she owed SSA $260.40. This amount of money she is told she now owes comes from an overpayment made to her mother over 40 years ago when claimant was still in high school. The problem had something to do with the fact that her mother allegedly improperly claimed her as a dependent, and this allowed for the overpayment to occur. Continue reading

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According to a recent news article from MSNBC, Senator Tom Cotton (R-Arkansas) is now suggesting a connection between the millions of Americans collecting Social Security Disability Insurance (SSDI) benefits and serious drug addiction.

1034029_medicine_2The controversy started when Cotton was making a speech at a conservative foundation and started talking about how Social Security disability benefits have changed from a safety net for those who can’t work to the “norm” where people are just expected to apply for benefits. He said this was particularly prevalent in the Southern Appalachian region of the country. Continue reading

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After hearing about how the Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI) programs would run out of money late next year, there was a great deal of fear that nearly 11 million Americans would face a 20 percent cut in their monthly benefits checks.

crack-graphic-1371406-mFortunately, Congress was able to come to an agreement about how to save the benefits program for the next few years, and President Barack Obama recently passed that piece of legislation into law. A recent article from Forbes takes a look at what this means for the American public in both the short term and long term. Continue reading

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In, Morgan, Jr. v. Colvin, a case from the United States Court of Appeals for the Fifth Circuit, claimant applied for both Social Security Disability Insurance (SSDI) benefits and Supplemental Security Income (SSI) benefits. Claimant became disabled after he suffered a serious injury. He was working as an auto glass technician and was replacing a window on a semi tractor-trailer cab when he fell off and hit the ground. When he fell, he injured his back, shoulder and legs and was unable to work.

When he applied for disability benefits, the United States Social Security Administration (SSA) denied his application for benefits. SSA is the federal agency that runs disability programs. Following his initial denial, he requested a hearing before an administrative law judge (ALJ). An ALJ is supposed to be an independent judge who hears both sides of the case and decides if claimant is disabled. However, since SSA employs all ALJs, and they have offices at SSA facilities, it is not surprising that more often than not, they side with SSA and deny benefits. Continue reading

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In Lesterhuis v. Colvin, a case from the United States Court of Appeals for the Second Circuit, claimant was 47 years old and had an 11th grade education. He was employed as commercial truck driver for a food distribution company. While working for employer, claimant injured his back in 2008.

901196_driverIn the years following his injury, claimant had a variety of treatments, including various surgical procedures, but there had not been much improvement in his condition.   He filed a claim for Social Security Disability Insurance (SSDI) benefits in 2009 with his disability date listed as 2008. His claim was initially denied, so he filed a request for an administrative hearing. Social Security Disability Insurance (SSDI) benefits hearings are presided over by an administrative law judge (ALJ) who is employed by the United States Social Security Administration (SSA). Continue reading

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