The Social Security Blue Book (or the “Disability Evaluation Under Social Security” handbook) lays out the procedure for how the Social Security Administration (“SSA”) determines if an applicant qualifies for disability benefits. The Blue Book contains the key guidelines applicants must follow to receive disability compensation. Using the Blue Book The first section of the Blue Book describes Social Security and the programs. Applicants can review this section for which programs they may qualify under and what they can expect to receive. The first section provides general information and is not determinative for any specific application. The second section describes […]
The Social Security Administration (SSD) routinely denies disability insurance claims, which, while discouraging, is not the end of the claim process. If a claim is denied, the applicant has 60 days to file an appeal. The applicant must file his or her appeal within the 60-day time limit, or he or she will have to file a new application for coverage. If the applicant files a new application, he or she may not receive payments to cover ongoing medical and daily living expenses. The Denial Letter Per social security disability rules and regulations, the Social Security Administration must mail every […]
On March 17, 2020, the Social Security Administration (SSA) closed all hearing offices to members of the public for in-person appearances in response to the COVID-19 pandemic. The SSA argued that the closure protects the people it serves, such as older Americans and people with medical conditions, as well as its employees and judges. The SSA does not have an estimate as to when it will begin offering in-person hearings again. However, it likely won’t be until after a vaccine is approved and widely distributed. The SSA offers two alternatives to in-person hearings: (1) telephonic and (2) online video. Telephonic […]
The COVID-19 pandemic has forced the Social Security Administration (SSA), which administers SSI and SSDI benefits, to work remotely which may affect some services, but ongoing payments for existing claims should not be affected. On March 17, the SSA closed its field and hearing offices to members of the public. However, SSA employees are continuing to work on critical cases to ensure that disability claims are reviewed and payments continue. The SSA is prioritizing processing: Applications for claimants who are terminally ill, Wounded Warriors, and other serious cases Changes to direct deposit, reports of death, changes of representatives, and changes […]
Disability insurance payments (Social Security Disability) are available to anyone who qualifies for payments and is unable to work at the same level or at all. COVID-19 attacks the lungs and, in some instances, can cause permanent damage. Therefore, it is possible that after contracting COVID-19 that some workers may be unable to return to their regular job and will suffer a reduction in income, which should qualify them for disability benefits. What Does COVID-19 do to the Lungs? COVID-19 is a disease caused by the novel coronavirus. COVID-19 is such a problem for public health officials because it has […]
Non-attorney representatives are limited in their capabilities to advocate for disabled clients when handling SSDI claims. Although non-lawyer disability advocates can assist clients with documentation and claims forms and they can help with appeals at the administrative law judge level, they cannot appeal denied disability claims to federal court. Additionally, non-attorney representatives are not bound by the same ethical and professional standards as attorneys. Therefore, their clients do not have the same protections as attorney-represented clients. Despite the differences, the fees for representation set by the Social Security Administration are the same for disability lawyers and non-attorneys. Non-Attorney vs. Attorney […]
Since the ALJ hearing represents the best chance for disability applicants to get approved for SSI or SSDI benefits, adequate preparation is key. Preparing for the Hearing The Administrative Law Judge (ALJ) will ask the applicant a series of questions to evaluate the claim. These questions usually cover four topics: (1) biographical; (2) work status and history; (3) medical history; and (4) emotional and mental well-being. The best way applicants can prepare for their hearing is to anticipate the questions the ALJ will ask, discuss appropriate answers with their Social Security Disability attorney, and bring supporting documentation and evidence to […]
Earlier this year, U.S. Representative French Hill (R-AR) and Sen. Tom Cotton (R-AR) introduced bicameral bills that would introduce a new requirement to classify disability claimants as either (1) expected to medically improve or (2) not expected to medically improve. If a beneficiary is expected to improve, the benefits will expire after a prescribed time (during which the claimant is expected to rejoin the workforce). The changes will also provide beneficiaries who are expected to return to the workforce with retraining and other assistance to help them transition back to work. If beneficiaries are not expected to medically improve, their […]
Successful applications for Social Security Disability benefits never have to reapply into the program; however, their benefits are subject to periodic reviews to determine eligibility. These periodic reviews are standard practice at the Social Security Administration (SSA) and should not cause anyone alarm. They are done to prevent fraud and ensure that recipients of disability benefits continue to qualify under their own program. Any application which remains disabled and unable to work will have their benefits renewed. Furthermore, disability benefits continue to pay out during the review process. Scheduling Disability Reviews Disability reviews are conducted once a year, once every […]
SSDI applicants in Illinois may be able to speed up the disability claims process through a congressional inquiry. The Social Security Administration has provided guidance to hearing officers and administrative law judges about how they should handle congressional inquiries in individual cases, and they are supposed to respond to them promptly. Applicants can request congressional inquiries about the statuses of their cases by contacting their local Congress member’s office. While requesting a congressional inquiry may not work, it can speed up the decision process and will not negatively impact the application. What Is a Congressional Inquiry? A congressional inquiry is […]
