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New York Disability Benefits Law Blog

SSA Changes its Process for Filing Duplicate Claims

  • 12
  • December
    2011

The Social Security Administration (SSA) has recently changed the way it handles an individual's multiple disability claims for conditions of the same type.

In 1999, the SSA decided that it would allow applicants with claims in the appeals process to file a new claim of the "same title and same type" to help speed up the reapplication process in the event that the claim is denied. After more than a decade, the SSA has determined that allowing applicants to file multiple claims created extra costs, used more manpower and resulted in improper payments for disability beneficiaries, which ultimately made the entire claims process less efficient.

Under the new rule, the SSA will require applicants seeking a new claim identical to one they have pending in either the claims or appeals process to choose either to continue with the pending claim or cancel it and proceed with a new claim. There are five different scenarios that may result, depending on an applicant's decision.

NOSSCR Illustrates Olinsky Law Group's Commitment to Excellence

  • 21
  • November
    2011

The National Organization of Social Security Claimants' Representatives (NOSSCR) is an organization consisting of over 4,000 attorneys and advocates who represent people seeking to claim Social Security Disability and Supplemental Security Income benefits. NOSSCR members are dedicated to providing the highest quality of representation possible for people seeking benefits.

The web site for NOSSCR, http://www.nosscr.org, is a useful tool for any individual seeking information about the Social Security Disability benefits process. On the web site, a frequently asked questions section answers the most common questions that potential beneficiaries may have, such as eligibility for benefits, the claims process and information about hearings. In addition, there is a complimentary lawyer referral service that can assist the public in finding a qualified Social Security benefits attorney.

What is the Benefit Eligibility Screening Tool?

  • 31
  • October
    2011

The Benefit Eligibility Screening Tool, or BEST, is an online device which allows individuals to determine whether they are eligible for benefits provided by the U.S. Social Security Administration. By logging on to http://www.benefits.gov/ssawww.benefits.gov/ssa, users can obtain information about the benefits they qualify for, and how to apply for those benefits, with the click of a mouse.

"Your Social Security Statement" Replaced by On-line Calculators

  • 10
  • October
    2011

The Social Security Administration (SSA) will no longer be sending the handy "Your Social Security Statement" benefit summaries in the mail. The change comes as a cost cutting move that the SSA estimates will save $90 million in 2011-2012.

The statements provided a section on the amount of benefits you would be eligible to receive if you needed to file for Social Security Disability (SSD). Another section listed the amount of Family and Survivors' Benefits your child and/or spouse would receive based on your earning record if you were to die in the near future. The family maximum benefit was also listed.

Where to go for Information Now

Currently, if you want to receive an estimate of your potential SSD benefits, you will need to do so on-line at ssa.gov. Several calculators are available. You can use the quick calculator to obtain a rough estimate by providing your date of birth and current year's earnings. The site also includes two detailed calculators, which require earnings records from all prior years.

Is Private Disability Insurance Right for Me?

  • 19
  • September
    2011

Although the unpleasant possibility of becoming disabled may be difficult to contemplate, Money magazine reports that workers generally face a 20 percent chance of suffering from disability during the course of their careers. Despite this staggering reality, employers often fail to provide employees with disability insurance or offer coverage that inadequately addresses the needs of injured workers.

In order to ensure that they are protected, should the worst happen, many workers are investing in private long-term disability insurance. This kind of coverage can provide a safety net if workers do not get adequate coverage from their employers, or are not eligible for Social Security disability coverage.

SSD Appeals Backlog Delays Applicants' Claims

  • 29
  • August
    2011

Despite recently instituted application reform, Social Security Disability (SSD) determination hearings are backlogged. According to the Transactional Records Access Clearinghouse (TRAC), Syracuse University's data research organization, over 728,000 people are awaiting hearings for their disability claims. This number marks a five percent increase in pending cases. While the Social Security Administration (SSA) disputes the significance of the increase in pending hearings, its own records reveal that the number of pending hearings topped 740,000 as of May 2011.

18.3 million Americans receive more than $180 billion in benefits through the Social Security Disability and Supplemental Security Income programs. The troubled economy, frustrated job market and aging baby boomer population are all likely contributors to the significant number of pending cases.

Congress Calls for an Investigation of SSD Award Process

  • 05
  • August
    2011

Those applying for Social Security Disability (SSD) benefits know what a frustratingly long and potentially inconsistent process it can be. The inconsistent nature of the SSD approval/denial process has recently captured the attention of Congress.

In June, the House Ways and Means Social Security Subcommittee sent a letter to Social Security Administration (SSA) Inspector General Patrick O'Carroll calling for the SSA to disclose details of the processes that judges use when determining whether to award benefits to applicants. The primary motivation behind requesting this information is the concern that individuals are being either wrongfully approved or denied when applying for disability due to the inconsistencies in the current determination process.

Welcome to Our Veteran Benefit Law Blog

  • 09
  • March
    2011

At Olinsky & Shurtliff, LLC, we are committed to helping people secure the disability benefits that they will need as they deal with the impact of their disabling injury or illness. We understand how difficult it can be to try and navigate the complex processes and bureaucracies that can stand between you and access to the financial and medical resources that you will need.

We have been representing those pursuing disability benefits since 1986. In 2010, our firm was the largest filer of SSD appeals in federal courts in New York. Our decades of experience have allowed us to accumulate a deep well of knowledge regarding how to construct a successful disability claim.

The Social Security Administration (SSA) and the New York State Workers' Compensation Board employ strict rules, procedures and definitions as part of how they evaluate a claim for disability. Our extensive experience allows us to take the medical evidence of your disability and use it to construct a case that speaks in the language used in evaluating SSD, workers' comp, SSI, veterans benefits and long term disability claims.

Contact Us

We are going to be utilizing this blog as a place where our firm can provide greater insight on the latest developments in the disability benefits field. Call 1-888-WIN SSDI (1-888-946-7734) or simply contact us online if you have any questions for which we may be able to provide any answers.

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