Blog | Shifrin Newman Smith Inc.

Heart Disease May Allow for Fast-Track SSD Benefits

2012-02-02T20:12:13Z

February is a busy month for the American Heart Association. Not only is February American Heart Month, but Friday, February 3^rd, is National Wear Red Day. The AHA uses National Wear Red Day to increase awareness concerning the alarming number of women who suffer from heart disease.

]]> Each year, heart disease kills more women than any other cause of death. The campaign hopes that by putting a greater emphasis on care and heart-healthy habits that it can reduce the number of women who die each year. This year has already seen major changes in the care that those suffering from heart disease receive, as the Social Security Administration has added 12 additional conditions this past August that will be eligible for fast-track Social Security Disability benefits approval.

The added conditions will make it easier for both men and women who are suffering with heart disease to receive compensation to assist in their recovery. The seriousness of these illnesses make fast-track approval a necessity, as the lengthy approval and appeals process that awaits many SSD applicants is simply not practical for those who have heart-related conditions.

Those who apply for these benefits need to have complete applications in order to have the process move promptly. All necessary documentation must be included, otherwise the benefits may be denied. Knowing what to include and how to apply for fast-track approval under the compassionate allowances condition is a crucial step in filing for benefits.

While the SSA is assisting those who have various heart conditions, the AHA is focused on making sure that people know common symptoms that they may experience. Sudden pressure in the chest, pain in the arm, back or jaw and shortness of breath may all be symptoms of a heart attack. Those who experience any of these symptoms are encouraged to seek prompt medical care.

Source: American Heart Association, "Go Red for Women," 2012.

Number of Alzheimer's Cases Could Impact SSD Filings

2012-01-27T20:24:49Z

Alzheimer's disease will impact many families in the years ahead. Seeing a loved one struggle to recall recent events can be a difficult experience. Many people struggle with the financial and time challenges that come with when caring for someone with the disease. As more of the population begins to age, more and more people with be diagnosed with the condition.

Early-onset Alzheimer's disease can be extremely difficult to detect at first. Symptoms such as memory loss or confusion about events may be considered just part of getting older. However, this diagnosis is essential for people applying to receive Social Security Disability benefits.

]]> Early-onset Alzheimer's is listed on the Social Security Administration's "Compassionate Allowances", which means that those who have the disease will have their applications for Social Security Disability benefits fast-tracked. Without this diagnosis, the SSA does not have the information that is needed to fast-track a decision. Benefits may be delayed or applications may be denied, which may lead to a lengthy appeals process.

The next 10-15 years will see a drastic increase in the amount of Alzheimer's cases. According to the Alzheimer's Association, the number of people with some form of Alzheimer's will increase by 25 percent by 2025.

This increase will mean more people applying for SSD benefits. The application process could take much longer, leading many people to suffer financially while waiting for a decision.

The Obama Administration has made addressing Alzheimer's a priority. Several government agencies will be working together to put a plan in place that will ensure that those who are suffering from the disease receive the help that they need. Officials have set 2025 as the target date for the plan. It is hoped that by providing the necessary treatment and education that the illness may be prevented.

Source: Washington Post, "Alzheimer's families seek help now as government eyes target of 2025 for effective treatment"

Veterans Facing Long Wait for Benefits

2012-01-20T19:31:46Z

The number of soldiers coming home from Iraq and Afghanistan is increasing each day. Families that have spent so many anxious nights hoping for a safe return of their loved ones are now able to celebrate and focus on the future.

For many veterans, this can be a very unsettling time. Finding employment or continuing care for wartime injuries can lead to questions and uncertainty. While there are many programs in place to assist those who have served their country so admirably, it is not uncommon for there to be a long wait to receive veterans' benefits. With more and more soldiers returning and veterans from other wars aging, this wait could get even longer.

]]> According the Veterans of Foreign Wars (VFW), last year there were over 1.5 million veterans waiting to receive their benefits. Wait times ranged anywhere from 6 months to years if an appeal is necessary.

Many soldiers are applying for benefits due to disabilities or injuries that directly resulted from their service time. Veterans from the Vietnam War are experiencing health problems related to the use of Agent Orange, while many soldiers from Afghanistan and Iraq have been seriously injured by insurgents using roadside bombs.

Officials and legislators have made reducing wait times for veterans a priority, as many depend upon these benefits to help them make ends meet. While more attention is being focused on the issue, there are some steps that veterans can take to help the process of applying for benefits run more smoothly.

For example, when applying for veterans' benefits or Social Security Disability, it is essential that applications are completed properly. Many going through this process for the first time are unsure what to include, and may omit necessary documentation. While the process may be confusing, attorneys experienced with veterans' benefits can help ensure that applications are complete and give the agency enough information to award benefits.

SSI Benefits Can be Difficult to Obtain

2012-01-13T20:28:04Z

Children with special needs often require a great deal of expensive care. This can place a significant financial burden on parents or guardians. Flexible employment is a necessity in order to provide the child the proper attention and care.

The Social Security Administration (SSA) provides for Supplemental Security Income (SSI) to children with disabilities. It can be extremely difficult to receive benefits, since so many factors go into examining the child's application. The agency will examine the income and resources of the child's household, and if this amount exceeds a specific amount, benefits will be denied.

]]> The child's application must also show that the child is disabled. Applicants must demonstrate that there are physical or mental conditions that result in "marked and severe functional limitations", and this must last or expect to last for 12 months.

In order to receive SSI benefits, parents or guardians must show that the child's condition meets or medically equals one of the listed criteria, or that the impairment functionally equals one of the listed conditions.

Certain impairments, such as total blindness or deafness, autism or other serious conditions, may receive pre-approval while the applications for benefits are pending. Generally, the agency will need to review each application to determine if benefits are proper. Additionally, the SSA will periodically review a child's situation to see if the disability is ongoing.

Knowing what information to include that demonstrates a child's disability is extremely important. The application process can be very time-consuming, and this can be frustrating for those who depend upon the benefits to make ends meet. A lack of necessary information can cause an application to be denied, which may result in needing to reapply or appeal the agency's decision.

Increase in Ohio SSD Applications Tied to Unemployment

2012-01-06T20:32:54Z

The prolonged recession has had a serious impact on the job market in across the United States. Jobs disappeared, and the few available positions that did open up had countless applicants. People could no longer count on their steady employment, leading many scrambling to find a way to make ends meet. Unemployment benefits only lasted so long, and with so many workers unable to find work, Social Security Disability applications have been on the rise.

]]> According to the Social Security Administration (SSA), Ohio saw a dramatic increase in the number of people filing for SSD benefits. In 2011, there were over 135,000 applications for benefits, an increase of 16 percent from 2007. Officials who work for the SSA in Ohio speculate that at least a portion of these applications have come from individuals who are out of work, but not disabled. The SSA is taking a closer look at this issue, and so far, the results show that there has been an increase in the amount of applications from workers who are not disabled.

This increase in filings can have a serious impact for those applicants who are unable to work due to a disability. The sheer number of applications can take time to process, which means longer wait times for everyone. Potentially questionable filings can make it difficult to obtain benefits for those truly in need. Applications could be more closely scrutinized to help prevent people from receiving improper benefits.

Many applicants will not know what type of information they will need to include that proves their medical conditions qualify for benefits, and this can lead to applications being rejected. Working with an experienced attorney can help prepare an application that demonstrates an applicant's disability.

SSD Wait Times and the Impact on Those with Terminal Illnesses

2011-12-30T16:31:14Z

When someone is feeling under the weather, the main concern is recovering as fast as possible. If the illness is serious enough to keep a person out of work for an extended period of time, the worker may need to look for additional sources of income while they recover. Some may even apply for Social Security Disability if their condition will keep them out of work for an entire year.

For those who will eventually recover from their illnesses, the wait to receive benefits will be frustrating. The initial application and appeals process are time-consuming, meaning that many people might have recovered by the time their claims have been finalized. But what happens to those individuals who are suffering from a terminal illness?

]]> Unfortunately, some of these SSD applicants die during the process. In fact, the Social Security Administration (SSA) even has a specific code that it uses to signify that the applicant has passed away. Since 2005, the SSA's statistics show that over 15,000 applicants have died while their request for benefits was going through the process.

The agency has introduced various initiatives designed to improve the initial application and appeals stages for those with terminal illnesses. The SSA has increased the list of items on its compassionate allowances list, which means that certain conditions will allow an applicant to have his or her case examined immediately in the hopes that benefits can be awarded in a timely manner.

While this has helped, serious problems still remain. Applicants with conditions not on the list may still find themselves suffering long waits, unable to receive the benefits they need while pursuing treatment. Applicants, especially those with terminal illnesses, need to know what to file with their requests for benefits. Any information that is missing may lead to their requests being denied and benefits being delayed.

Mental Health Study Sheds on Increasing Number of SSD Applications

2011-12-23T20:28:54Z

Mental illness is a serious issue that is often misunderstood. People often only worry about major mental health matters, neglecting other minor concerns which may be just as damaging. But what happens when this starts affecting a person's ability to complete work? What happens when people file for Social Security Disability benefits because of a mental illness?

]]> The Organization for Economic Co-operation and Development (OECD) took a closer look at mental health concerns in the workplace. The study examined conditions across several countries, including the United States, and the results showed that both employers and government agencies have a lot of work to do.

Overall, 20 percent of the workforce in regions covered by the study had some type of mental health concern at the time of the study. Nearly 40 percent of the workers would have a mental illness that impacted their work performance at some point during their lives. Unfortunately, half of those with serious mental health issues never receive any treatment, and many who do seek medical attention receive care that does not adequately address their illnesses.

This can cause work performance to suffer, especially if the person does not understand the mental illness that he or she has. Unemployment rates remain high for those with mental illnesses, leaving many affected workers to apply for disability benefits to help make ends meet. The study found that roughly one-third to one-half of all new applications for disability benefits are from workers with a mental health issue.

SSD benefits may be available to someone who is unable to work due to a mental illness. In order to receive these benefits, the applicant will have to demonstrate that the problem has been or will be present for an entire year. Specific documentation will be necessary to demonstrate the condition, and the process of obtaining these benefits can be time-consuming.

People suffering from various mental health concerns need to know that they are not alone. Do not neglect your mental health - even minor problems can lead to major problems if not properly treated.

SSA Plans Review of Social Security Disability System

2011-12-15T20:12:56Z

The Social Security Administration (SSA) recently announced that it plans an extensive examination of the Social Security Disability Insurance program. The agency has hired the Administrative Conference of the United States to conduct a thorough review of the SSD process nationwide. The study will focus on wait times for applicants as well as the decision making being applied by administrative law judges (ALJs) during the appeals process.

]]> The SSD program has been targeted for review due to alleged inconsistencies in the distribution of benefits to those in need. Many applicants have their initial applications for SSD denied, meaning that they will have to appeal this initial determination. The appeal will be heard by an ALJ who has been appointed by the SSA.

Approval rates vary depending upon the ALJ assigned to the appeal. Some ALJs have very high approval rates for granting benefits, while other ALJs approve claims for benefits in very few cases. This apparently disproportionate system of distributing benefits has led some critics to state that the system is being abused, and that this abuse is causing the SSDI program to lose a substantial amount of money.

The study will examine the factors that the ALJs use when determining approval or denial of benefits. Some of the ALJs feel that they do not have adequate time to review each case. Because the agency has made decreasing wait times a main priority, there is less time for each case. Judges may feel rushed to make a quick decision without knowing all of the facts for each applicant.

Officials hope that the study provides information to the SSA and Congress that will lead to positive changes for both the agency and applicants. If those who are disabled are routinely denied benefits, the system is not helping those most in need.

Baby Boomers Behind Increased Wait For SSD?

2011-12-09T19:48:24Z

We have all heard the countless stories saying that various Social Security programs are running out of money. Each year we are apparently getting closer and closer to the funds drying up. Officials blame fraud and other misuse as reasons for the problem, especially when discussing Social Security Disability payments. They cite examples of undeserving applicants or judges with high SSD appeals approval rates to prove their theories.

However, these explanations may be missing one of the more likely reasons that the programs are running low on money. The baby boomers have started aging, meaning many of them have started to develop conditions that make SSD income a necessity.

]]> When a person applies to receive SSD because of an injury or illness that makes him or her unable to work, there is often a lengthy wait to receive benefits. It is not uncommon for initial applications to be denied, and for applicants to need to undergo an appeals process. This can take anywhere from months to years before a request is granted, making it very difficult for people who need this money to make ends meet.

With the increased number of baby boomers applying for assistance, this has made the wait time even longer and receiving benefits more challenging. More cases mean that more applications need to be reviewed, and this can lead to more benefits being denied. The Social Security Administration's numbers show that since 2006, applications for SSD increased over 28 percent, while the number of approved applications has dropped from 35 to 33 percent.

Certain conditions will receive fast-track approval from the Social Security Administration. This can reduce the wait time substantially for those with these particular illnesses or injuries. If you are considering filing for SSD, you may wish to discuss your situation with an attorney experienced with the process. Knowing how to proceed may allow you to more efficiently and effectively present your application for benefits.

Who's Getting Your SSD Check? Representative Payee Program Dangers

2011-12-02T14:33:40Z

Law enforcement officials recently discovered terrible mistreatment of mentally disabled adults whose Social Security Disability Insurance (SSD) payments were stolen by someone abusing the representative payee program. The case throws light onto the potential for shady behavior and other weaknesses of the program that allow someone other than the beneficiary of SSD payments to receive and cash the disabled person's SSD benefits checks.

]]> People with disabilities who are unable to work or to make enough money to qualify as engaged in "substantial gainful activity" may be eligible for cash benefits from the Social Security Administration (SSA) in the form of the SSD checks. For beneficiaries who have been declared legally incompetent or are less than fifteen years old, the representative payee program permits someone other than the beneficiary to obtain and cash the checks on the disabled person's behalf.

As may be expected, representative payees are supposed to use the money for the beneficiary. As the recent case shows, however, the system's shortcomings leave it open for abuse.

Consequently, fourteen Republicans in the House of Representatives are seeking greater scrutiny of how the SSA administers its SSD checks to ensure the money goes to those who need it and not to predators who take advantage of vulnerable adults and children. They question the current system that allowed a paroled murderer to serve as representative payee for at least four legally incompetent SSD beneficiaries who didn't see a cent of their payments, which ranged from about $600 to $900 a month.

One of the main problems is a lack of enforcement of the program's rules. Representative payees must pledge to use the money only for the disabled person's care and upkeep, and they also are required to file yearly reports accounting for how the money was spent. In addition, people who have been in prison for more than a year are ineligible to serve as a representative payee, but that disqualifying condition is self-reported and the SSA does not perform background checks on potential representative payees.

Any changes to or greater enforcement of the representative payee program's rules may make it more difficult or time-consuming to appoint a representative payee, but in the long run, reducing the potential for abuse of the program and helping ensure people get their SSD checks is an important goal.

Extra Week Causes Slowdown at SSA

2011-10-31T19:44:55Z

A quirk in the federal calendar resulted in a week of September 2011 that was neither part of the 2011 nor the 2012 fiscal-year. The extra week results from the federal calendar only being 52 weeks long, while a 53-week year occurs once every five to six years. While this seems to be schedule anomaly that otherwise has little impact, this year the extra week created an issue for the Social Security Administration (SSA).

]]> Because the extra week is not counted in either the preceding or subsequent fiscal year, any work done during the week will not count toward goals established for workers - which is important when goals determine pay raises and/or promotions within the agency.

To account for this lost week of work, the Wall Street Journal reports that managers within the agency directed administrative law judges (ALJs) and other agency workers "not to close any cases" during that week. And, the numbers of closed Social Security disability (SSD) cases on Monday of that week (September 26 - 30) appear to indicate a slow down for an agency that is bogged down with cases - according to the Wall Street Journal, on a typical day the agency will close approximately 3,000 cases, on that Monday only 230 cases were closed nationwide.

ALJs and union officials stated that they lodged complaints with superiors about the directive to slow cases closings, which they noted received little response.

However, a spokesman for the SSA seemed to point the finger back at judges, stating: "[I]t appears some judges are holding cases this week which is counter to our policy."

Regardless of the reasoning behind or who is responsible for the slow down, Americans awaiting benefits from SSA appear to be impacted the most by being forced to wait additional time for their benefits.

Ohio Receiving Share of Department of Labor Disability Employment Funds

2011-10-21T18:27:27Z

Ohio is one of seven states recently approved to receive funding from the US Department of Labor for implementation of employment services in the public workforce system as a way to help disabled workers find jobs. The DOL's Disability Employment Initiative will award $21 million in grants to those states to facilitate job seeking for both unemployed and underemployed individuals with disabilities.

]]> "During these difficult economic times, it is important to ensure that all workers, including those with disabilities - who as a group face employment barriers even during times of prosperity - are able to benefit from the Labor Department's employment and retraining services," Secretary of Labor Hilda L. Solis said in a press release. The program, already implemented in nine other states, is intended to provide everything from education and job training to employment and support services.

Based on a cooperative agreement between the DOL and the Ohio Department of Job and Family Services, the Disability Employment Initiative will provide $2,944,036 for targeted employment assistance in Ohio. The goal is increased economic stability via permanent and secure jobs, and the program includes outreach to individuals who already receive Social Security benefits as well as "early intervention strategies" to help disabled individuals before they become SSDI or SSI beneficiaries.

While helping individuals find work that matches their abilities is an important goal, any person who suffers from an injury, illness or other disabling condition should understand their legal rights and their options for benefits.

Social Security Error Leaves Thousands Without Benefits Each Year

2011-10-07T13:12:07Z

Each month millions of retired and disabled Americans depend upon their Social Security disability payments to pay bills, purchase lifesaving prescription medications and put a roof over their heads. What happens, then, when SSD payments suddenly and without explanation stop coming? This is what happens to thousands of Americans each year who are erroneously pronounced dead by the Social Security Administration (SSA).

Every day approximately 38 people are mistakenly pronounced dead by the SSA. Every year, that adds up to about 14,000, or one in every 200 deaths, entered incorrectly into the SSA's Death Master File. The mistakes, although oftentimes caused by an innocent human typing error, can nevertheless result in devastating and far reaching consequences.

]]> Numerous Complications Associated with SSA's Mistake

Americans encounter numerous difficulties when the SSA mistakenly declares them dead. Complications can include the termination of benefits, bounced checks, denied payments and account closings. In addition, the SSA sells this faulty information to the public, banks and credit bureaus. As a result, the declared dead are uniquely positioned to become the victims of identity theft.

The Identity Theft Resource Center has some tips for those individuals who have been mistakenly declared dead by the SSA:

Find out who reported you dead
Get a copy of your death certificate
Make an appointment at your local Social Security office
Contact your bank, credit bureaus and anyone else who mistakenly considers you dead

According to the SSA, "[We] take these situations seriously and wish they didn't happen at all, but when we find it has occurred, we help the person fix it."

Debt Reduction Plan Exemptions to Allow More Social Security Benefit Reviews

2011-09-06T15:11:36Z

The deficit reduction plan that the U.S. Congress agreed on to prevent the federal government from defaulting on its debt at the end of July 2011 contained some key spending cap exemptions for the Social Security Administration that could have an important impact on those who receive Social Security disability benefits. Officials from the SSA report that the budget plan will allow the SSA to increase the amount of Continuing Disability Reviews it conducts to see if those receiving Social Security Disability Insurance and Supplemental Security Income still meet the requirements of the programs.

]]> The SSA periodically checks to see if those who receive benefits still qualify for benefits, usually every three or seven years that a person receives benefits. For those who receive SSDI, the SSA may ask to see recent medical records to ensure that the recipient still meets the SSA's medical listing for his or her condition, or the SSA may have the recipient visit a doctor to make the determination. For those who receive SSI benefits, which is a need-based disability program that varies the amount of benefits it pays out depending on the recipient's income, during the review process the SSA also examines the beneficiary's recent financial records to make sure that his or her income still falls within the guidelines for those on SSI.

Both SSDI and SSI have grown in recent years. Currently there are about 10.4 million people getting Social Security benefits, which is a substantial increase from the 6.9 million people in the programs in 2001. Analysts point to a number of reasons for the expansion of the programs, such as continued high unemployment rates and insufficient health care in some parts of the country. The government paid $124 billion in SSDI benefits and $47.2 billion in SSI benefits in 2010, and if things do not change the government will exhaust the Social Security trust fund by 2018.

An increase in the SSA's Continuing Disability Reviews could lead to a considerable savings for the government. The SSA has not been able to conduct reviews as regularly as it used to do in the past due to budget constraints. In 2002 the SSA conducted 850,000 reviews but that number fell to about 200,000 in 2007. The SSA currently has a backlog of 1.4 million reviews to complete. SSA officials estimate that for every dollar the SSA spends on reviews, it saves the government $10 in benefit costs. About 12 percent of people whose cases the SSA reviews end up losing their benefits after the review because they no longer qualify.

The energy that the SSA is devoting to reviews now that there are no more budgetary restraints means that those who receive benefits but have not yet had their reviews may suddenly find themselves under the SSA's microscope and need to be prepared to show how they still meet the criteria of the programs.

More Americans Waiting for Social Security Disability Benefits Decisions

2011-07-22T13:26:36Z

According to a report from the Transactional Records Access Clearinghouse, a research organization at Syracuse University in New York, there has been a 5 percent increase from last year in the number of Americans awaiting the decisions of appeal hearings for their Social Security Disability benefits applications. The report puts the number at more than 728,000 people in the U.S.

As more people apply for Social Security Disability benefits during the recession because they are unable to find employment, wait times for the decisions of appeals and benefits rulings are unlikely to shorten. The Social Security Administration set a goal to reduce the average time it takes to make a ruling to 270 days by 2013 - a significant decrease from the national average for October through April 2011, which was 367 days.

]]> Social Security Administration Commissioner Michael Astrue said it is uncertain whether the agency will reach its goal on time, as federal budget cuts caused plans to open eight more hearing offices to be scrapped, but he believes it will be close. The current average waiting time, while still over a year, demonstrates the strides the agency has made in speeding up the process; in 2008, the average waiting time peaked at 514 days, reported the Transactional Records Access Clearinghouse.

Because there are several hearing offices across the country, the number of pending applications for Social Security Disability benefits is different between the states. According to the Transactional Records Access Clearinghouse, Connecticut, Arkansas and Louisiana had the greatest declines in pending cases from March 2010 to March 2011. For the same time period, Nevada, Georgia and New Mexico had the largest increases in the number of pending cases.