New York Veteran's Benefit Disability Lawyer Blog

Ticket to Work can Help SSD Beneficiaries Return to Employment

2012-04-25T13:45:56Z

Social Security disability is a very important benefit for people whose disability prevents them from earning enough money to support themselves. At a certain point though, many beneficiaries want to try their hands at going back to work, even if they can only work a limited number of hours due to disability.

Many hesitate, though, because they are unsure of whether they can handle the physical and mental demands of employment. In addition, many worry that they could lose their SSD benefits by trying to return to work.

The Ticket to Work program provides SSD beneficiaries with a low-risk way of trying to return to gainful employment.

]]> The program connects beneficiaries with Employment Networks which work with beneficiaries to identify job skills and career goals. Then, the EN provides career counseling, job placement and ongoing support services designed to help beneficiaries become successful in their new jobs.

Alternatively, beneficiaries can choose to work with a State Vocational Rehabilitation agency, which provides similar services.

SSD beneficiaries who participate in Ticket to Work will continue to receive disability benefits unless they begin earning an income which exceeds the cut-off point to qualify for Social Security disability benefits. They may also qualify for Work Incentives that reduce the amount of income that counts against disability eligibility.

In addition, Ticket to Work participants are not required to participate in Continuing Disability Reviews.

Returning to work isn't for everyone, but Ticket to Work provides SSD beneficiaries with a great low-risk opportunity to test the waters.

New York SSI Benefits for Disabled Children

2012-04-03T13:45:00Z

Social Security benefits aren't just for adults. In some cases, disabled children may qualify for Supplemental Security Income (SSI) to help offset the cost of living with a severe physical or mental impairment. In addition to the federal benefits, New York State offers supplemental state benefits to those that qualify for SSI.

Children can qualify for federal and New York SSI benefits if they meet the following conditions:

The child is under age 18
The child does not earn more than $1,010 per month from work during 2012 (this number changes every year)
The child's household's income falls below a set threshold
The child has a physical or mental condition that causes "marked and severe functional limitations"
The child's condition is expected to be disabling for at least 12 months or to result in death

A child who receives SSI benefits as a minor may be eligible to continue receiving those benefits after age 18, but the rules for qualification will change.

]]> How to Apply for Childhood SSI Benefits

The first thing to do when applying for disability benefits is to gather the following information.

The child's Social Security number and birth certificate
The child's parents' Social Security numbers
The names of the child's medical providers and the child's patient account numbers at those facilities
Information to document the income in the child's household
Information about how the child's disability affects his or her day to day life

Then, call the Social Security Administration (SSA) or visit your local office to file for benefits. You do not need to provide copies of your child's medical records, as the SSA will request these directly from the child's medical providers. However, if you happen to already have copies, it can be helpful to provide those.

When you apply, the SSA will ask you to describe the child's condition and how it impacts his or her daily life. They will likely also ask for permission to talk to the child's doctors, teachers and caregivers.

It may take up to five months or more for the SSA to reach a decision. However, some conditions - including blindness, cerebral palsy and Down syndrome - may allow a child to qualify for immediate benefits.

If the SSA decides your child does is not disabled, you do have a right to appeal. Talk to a New York SSI attorney who can help you understand your options.

Study Shows SSD Benefits More Common in Rural America

2012-03-13T13:45:07Z

Disability can strike anyone, anywhere. A new study, though, shows that rural communities have much higher per capita rates of Social Security disability beneficiaries than other parts of the country.

Nationwide, approximately 4.6 percent of working-age people collect federal disability benefits. In rural areas, this rate is often much higher. For example, in west-central Missouri, between 10 and 13 percent of working-age adults collect SSD benefits. Even higher rates exist in the rural south and in communities along the Appalachian Mountains. The highest rate in the nation is in Buchanan County, Virginia, where 27 percent of working age adults collect Social Security disability benefits.

]]> Rates Reflective of the Changing Rural Economy

The study pointed to a number of different reasons why SSD collection rates are higher in rural America.

First, it noted that these areas have traditionally relied on very physical labor -mining, forestry, farming and the like. These jobs are much more likely to wear out the body than are more sedentary occupations. Further, it is much harder for individuals to continue to work in these fields after becoming disabled, whereas office workers can sometimes continue to work with accommodations.

The study also noted that rural areas tend to offer a lower cost of living when compared to urban or suburban areas. Many SSD recipients choose to move to rural communities in an effort to stretch out their relatively limited monthly budget. Nationwide, the average disability insurance benefits award is about $1,000 per month.

Finally, the study ties the economic downturn to an uptick in Social Security disability applications. Most people, the authors noted, prefer working to collecting federal benefits. However, now that so many jobs have dried up, they are having trouble finding work that will both accommodate their disabilities and pay the bills.

Even though the number of disability beneficiaries has grown, SSD benefits are still not easy to obtain. Applications can take months to move through the process. By some estimates, 70 percent of claims are denied on the first round and must go through an appeal.

Often, delays and denials occur because applicants made paperwork mistakes or have not provided sufficient proof of disability. The chances of having a successful application are much higher for individuals who enlist the help of an experienced Social Security disability attorney.

SSA Changes its Process for Filing Duplicate Claims

2011-12-12T14:45:57Z

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.

]]> 1. Choose to Proceed with New Claim and Discontinue Old Claim

Under this option, applicants decide to dismiss their old claim and continue with a new claim of the same type and title. This is a good way to introduce new, compelling evidence that supports one's disability claim or to apply for a different type of benefit, since a new claim allows the SSA to look into other benefits that may be available.

2. Choose to Proceed with an Existing Claim and Discontinue a New Claim

This option requires the least amount of effort on behalf of the applicant, since he or she must simply continue on with a claim currently in process. An applicant will still able to contribute new evidence to support their existing claim, but cannot file a new claim for the same disability.

3. Choose to Submit New Evidence to an Existing, Pending Claim in the Appeals Process

This is a good choice for applicants with a claim in the appeals process. Instead of filing a new claim, applicants can submit new evidence that supports their pending claim. If the new evidence proves that the condition is critical or clearly disabling, the SSA may expedite the claim. On the other hand, if the new evidence provides support for a new "critical or disabling condition," the SSA will allow applicants to apply for benefits under a new claim.

4. Choose To Submit New Evidence to an Existing, Pending at the Initial, Reconsideration or Hearing Levels

Choosing this option allows applicants to submit new evidence to their claim, but they must opt out of filing a new claim for the same type of disability.

5. File a Claim for a Different Disability

The SSA still allows applicants with active claims to submit a new claim for a different type of disability.

The new SSA ruling should streamline the claims process for applicants, potentially putting payments in the hands of beneficiaries sooner. The ruling still allows applicants with multiple disabilities to file those claims concurrently and applicants at all stages of the claims determination process can present new evidence that supports their claim to benefits.

If you or a loved one are in the process of filing a disability benefits claim, please contact an experienced disability benefits attorney to help you understand the SSA's new rules and how they may affect you.

NOSSCR Illustrates Olinsky Law Group's Commitment to Excellence

2011-11-21T14:45:17Z

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.

]]> At semi-annual conferences, NOSSCR allows attorneys and advocates to meet, share ideas, improve skills and keep up with changes to the law. Recently NOSSCR held a conference on Social Security law in San Antonio, Texas. The next meeting will be held in Philadelphia on May 2-5, 2012.

Howard Olinsky, of the Olinsky Law Group, is a sustaining member of NOSSCR. In addition, the Olinsky Law Group regularly sends its employees to each semi-annual NOSSCR conference. The consistent involvement that the employees of the Olinsky Law Group maintain with organizations such as NOSSCR illustrates their commitment to growing and maintaining their expertise in Social Security disability law. This commitment and years of experience allows them to deliver the best possible level of representation for their clients.

What is the Benefit Eligibility Screening Tool?

2011-10-31T13:45:46Z

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.

]]> What Users Can Expect from BEST

Benefits: The BEST tool screens for benefits such as Social Security Retirement, Supplemental Security Income, Medicare, Social Security Disability and Social Security Retirement.
Questions covered: Users do not have to enter identifying information, such as their social security number or name, when using the BEST tool. Instead, users are asked to enter their date of birth and their annual earnings, as well as information about their spouse and financial situation. In order to get the most accurate information, it is recommended that users answer all of the questions that the tool asks.
Applying for benefits: Users cannot apply for their benefits through the BEST tool. Instead, they will need to contact the Social Security Administration directly to apply for the benefits they qualify for.
Privacy: The BEST tool does not capture a user's information to use it for any reason. Once users are finished with the tool, the answers they provided are immediately purged.
Benefit amounts: Users should keep in mind that they will not be given information on the amounts that they can expect from the benefits they qualify for. This specific information can be received directly from the Social Security Administration.

Though the BEST tool can provide valuable estimates, individuals concerned with their eligibility for these programs should contact an experienced attorney who can help navigate them through the process.

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

2011-10-10T13:45:12Z

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.

]]> The SSA website also provides a variety of additional useful tools. You can complete your application for social security disability, check the status of your claim or appeal an SSA medical decision on the site. Various forms and publications are also available on the web-site. It is important to note however, that before you complete any claims or appeals that you consult with an experienced attorney.

What is Missing?

The mailed statements listed your earnings record for each year you earned income. Under the new policy, you can no longer review your earnings record. This reality sparks concerns that the SSA may not correctly calculate your benefits. If an error existed on the statement of benefits, you could correct it by filing a Request for Correction of Earnings Record. Currently, it is much more difficult to determine whether there is an error that needs correcting.

Under the on-line system, it may be more difficult to catch errors and you may want to keep your own detailed earning records. Contact an attorney if you need assistance in determining whether your SSD benefits estimate is correct.

Is Private Disability Insurance Right for Me?

2011-09-19T13:45:28Z

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.

]]> Choosing Private Disability Insurance

If you are contemplating whether you should invest in private disability insurance, consider the following:

The policy you choose will be associated with the job that you have at the time that you sign up. If you are thinking about starting your own business at a later time, you should get a policy before you leave your job because it is more difficult to obtain insurance as a self-employed worker.

Investing in a private insurance policy with a cost-of-living rider will help ensure that you receive your full benefits, no matter what the economy looks like.

As you advance in your career, you should consider increasing the amount of your policy's protected income to reflect any increases in your salary.

A non-cancellable policy is a good option because you can lock in your premiums, as long as you pay your monthly bills on time. Other types of private insurance, such as guaranteed renewable policies and return of premium policies do not offer this option.

SSD Appeals Backlog Delays Applicants' Claims

2011-08-29T13:45:38Z

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.

]]> Advocacy groups, such as the National Organization of Social Security Claimants' Representatives (NOSSCR), have praised voiced concern about how the increased number of applications may impact the agency's ultimate goal of eliminating hearing backlogs by 2013. These advocates make specific recommendations they believe will help the agency uphold its unique mission of serving the nation's most vulnerable populations. Increasing adequate funding so that the SSA can provide for mandated services appropriately, hiring more staff, and replacing the administration's outdated computer systems are just a few suggestions that have been offered.

The SSA has made progress in processing applications for benefits; however, factors outside the agency's control may frustrate its goal of reducing backlogs. If you are in need of SSD benefits, please contact an experienced attorney who can help navigate you through the process and help ensure that you receive your benefits in the timeliest manner possible.

Congress Calls for an Investigation of SSD Award Process

2011-08-05T13:45:42Z

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.

]]> Committee members insist that they have "serious concerns about the degree and effectiveness of SSA's management oversight" and are accordingly demanding that the SSA undertake a number of investigative tasks, in order to better identify and remedy these problems. Some of the SSA's responsibilities in this matter now include:

•· Conducting a review of judges' workloads

•· Conducting a review of judges' adherence to determination policies and procedures

•· Disclosing the names of those judges who vary significantly from other judges in the number of awards they grant

•· Accounting for significant variation in approvals/denials process of individual judges

•· Outlining the management controls in place that enforce judges' adherence to SSA policies

•· Detailing the quality review system for judges' determinations

Hopefully the Committee's attention will continue to focus on the inconsistencies in the SSD process. Only by ensuring that the SSD process is clear, consistent and fair can those who deserve to receive benefits rest easily in the knowledge that the system will treat them with the consideration that they deserve.

Welcome to Our Veteran Benefit Law Blog

2011-03-09T14:18:25Z

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.