Resources and Your Social Security Disability Claim
POSTED BY Jon Corra . July 26, 2018
Many people aren’t aware of the differences between Social Security Disability (SSDI) and Supplemental Security Income (SSI). While there are many differences between the two programs, the most significant difference pertains to income and resources. Supplemental Security Income is a need-based program. Social Security Disability is based on your work credits. If you have a lot of resources, your SSDI claim won’t be impacted. However, since SSI is income-based, your resources could impact your claim. Many SSI applicants find the rules about resources confusing. To clarify some of the most common misconceptions about resources, we compiled a list of tips and we’re sharing some of our best advice from the past 24 years.
What is a resource?
According to the SSA, a resource is something that you own, such as cash, bank accounts, land, life insurance, personal property, vehicles, and anything else you own that could be exchanged for cash.
SSI Resource Limits
If you’re single, the Social Security Administration states that you can’t have more than $2,000 in resources. However, not all resources count against you. We’ll explain more about resources that don’t count against you later. If you’re married, the limit is raised to $3,000. This is the same regardless of whether one or both spouses are disabled.
What Resources Don’t Count for SSI?
The house you live in
One vehicle, if it is used for transportation for you or a member of your household
Life insurance policies you own with a face value of $1,500 or less per person
Burial plots or spaces for you or your immediate family
A burial fund of up to $1,500 each for you and your spouse’s burial expenses
Household goods and personal effects
Property you or your spouse use in a trade or business, or on your job if you work for someone else
If you are disabled or blind, money or property you have set aside under a Plan to Achieve Self-Support (PASS)
If you are over the resource limit, you will not be eligible for SSI. Since SSI is based on need, many people won’t have to worry about a lot of the issues with resources. However, because of how nuanced the SSA rules are pertaining to resources, it can be confusing. That’s one of the reasons why so many people seek the help of attorneys like Jan Dils, Attorneys at Law. We have the knowledge to help individuals navigate the Social Security maze. Call us today for a free consultation. Our toll-free number is 1-877-526-3457. If you’d rather talk at a different time, fill out this form so our Intake team can schedule you for a later date.
Here Is What You Need To Know About Compassionate Allowances.
POSTED BY Jon Corra . June 18, 2018
To say the Social Security Disability process is long is an understatement. It takes years for most claims to get approved. However, there are some exceptions to the rule.
The SSA recognizes certain conditions and disabilities in which expedition occurs. Formally, this list of conditions is known as Compassionate Allowance.
What is a Compassionate Allowance?
According to the SSA, Compassionate Allowances are a way to quickly identify diseases and other medical conditions that, by definition, meet Social Security’s standards for disability benefits.
These conditions primarily include certain cancers, adult brain disorders, and a number of rare disorders that affect children. The Social Security Compassionate Allowance List (CAL) initiative helps the SSA reduce waiting time to reach a disability determination for individuals with the most serious disabilities.
Which conditions are on Social Security Compassionate Allowance List?
It’s important to note that a diagnosis alone is not necessarily enough to qualify for the Compassionate Allowance expedition. For instance, breast cancer is on the list, but the severity of the condition also plays a part. In order for breast cancer to qualify for the list, it must be inoperable with distant metastases.
How can you file for a condition on the Compassionate Allowance List?
As long as your medical evidence backs up your disability claim, it will be expedited. However, one aspect that may hold up your claim is medical records. Your medical records may be held up by delays at your medical office. However, once your records are sent, you should receive an expedited decision.
Unfortunately, even the Compassionate Allowances program can’t provide benefits immediately. Even with the expedited process, several factors such as the number of other applications, the speed of submitted medical evidence, and further required examinations can delay the decision.
However, most applicants do not have to wait long for their payments to start — most receive Compassionate Allowance benefits anywhere from a few weeks to 2 months after the application is received.
Overall, filing a disability claim while battling a condition on the Compassionate Allowance List can be difficult. If you’d like to know more about how to file for these claims, give us a call today for a free consultation. Our number is 1-877-526-3457. If you can’t talk now, fill out this form so we may call you at a better time.
Individuals who receive Medicare are likely accustomed to paper cards, which can cause issues with information security. However, change is coming. Medicare recipients in West Virginia will be among the first individuals to receive the new cards. Here is what to expect:
Safety is paramount with the new cards. The former paper cards featured your Social Security Number. This could be troublesome for many because it left important personal information exposed. The new cards no longer feature an individual’s Social Security Number. Each new card will feature a new, unique Medicare Number. The Centers for Medicare & Medicaid Services (CMS) will remove Social Security Numbers from all Medicare cards by 2019.
The new cards will not be released at the same time to all Americans. Instead, they will be released in waves. West Virginia will be a part of the first wave released, which started in April of 2018. Other states included in wave one are Delaware, Maryland, Pennsylvania, Virginia, and the District of Columbia.
The new cards will be automatically sent via the United States Postal Service. Recipients won’t need to do anything to receive the new card. However, the CMS states that you should make sure your address is up to date. The CMS also states your benefits will not change with the new card. They also point out that the mailing will take time, and that your friends and neighbors may receive their cards before you do. The mail can be unpredictable, and the high volume of new cards being shipped can take a while to process.
You may wonder why the cards will remain paper. The simple reason is that, while a plastic card may be more durable, paper cards are easier for medical providers to make copies of. If you forget your card though, the provider may be able to look up your information by way of the new number.
If you’re in a Medicare Advantage Plan (like an HMO or PPO), your Medicare Advantage Plan ID card is your main card for Medicare—you should still keep and use it whenever you need care. However, you may also be asked to show your new Medicare card, so you should carry this card, too.
When you receive your new card, you should properly dispose of your old card. To see an example of the new card, click here.
If you’d like to know more about the services we offer, or if you’d like a free case evaluation, call us today. Our toll-free number is 1-877-526-3457. If you can’t talk now, fill out this form so we may call you at a better time.
5 Mistakes To Avoid When Pursuing A Mental Health Disability
POSTED BY Jon Corra . April 30, 2018
According to New York University’s Langone Medical Center, more than 8.3 million Americans ― or an estimated 3.4 percent of the adult population ― suffer from a serious mental health issue.
However, many Social Security disability claimants make mistakes when filing a claim with a mental disability as their condition. Our firm’s been representing individuals for more than two decades, and we recognize a lot of common mistakes.
In this blog, we identify 5 common mistakes individuals make in these claims:
1)Failing to receive a diagnosis of a mental health condition.
In order to receive a favorable decision based on a mental health claim, you must first be diagnosed by a medical professional.
The internet is vast and there are a lot of medical sites available. It’s easy to get lured into these sites and believe that we have a certain condition even if we haven’t seen a doctor.
Also, our family members are great at giving us opinions on conditions they believe we have, but until a medical professional gives you an official diagnosis, the Social Security Administration (SSA) won’t likely approve your claim based on an alleged
2)Not getting consistent treatment.
Receiving a diagnosis is only part of the battle. You must also seek consistent treatment. For instance, if you’ve been diagnosed with depression, you need to have additional medical evidence to show that you’re treating the condition.
Examples include attending therapy, taking prescribed medications, seeking alternative treatment like yoga or meditation, or even scheduling follow-up appointments with your doctor.
3)Only pursuing your mental disability when you have multiple conditions.
Mental disabilities are serious. However, one condition alone may not be enough for you to receive a favorable decision.
Let’s say you have depression, anxiety, and PTSD. You should pursue each of those claims if they all impact your ability to work.
Don’t just put all your eggs in one basket. Similarly, if you have mental disabilities and physical disabilities, you should pursue both types if they impact your ability to work.
If depression and a back condition keep you from working, it may be in your best interest to pursue both conditions on your disability application.
4)Failing to show how the mental health condition impacts your job.
Simply having a diagnosis of a condition does not necessarily mean that it will keep you from working. For instance, you may have a diagnosis of depression, but it may not impact your job.
Or maybe you’re able to manage your conditions with medication and it does not impact your job. You need evidence showing how your mental disability impacts your ability to work.
Did you miss a lot of work because of your psychological impairment? Do you to have problems dealing with the public? Are you only able to concentrate for small periods of time? Do you avoid public places? These are just some of the examples of how mental health conditions can impact your job.
5)Giving up because you were denied.
It’s no secret that most people get denied at least once or twice when pursuing a Social Security disability claim. There is a good chance your claim will be denied, too.
That does not mean that you should give up though. We’ve worked with a lot of clients who were denied at least once, and eventually received their favorable decision. Don’t give up.
Mental health conditions are serious and they need to be treated properly. If you’ve been struggling with a mental health condition, and you can’t work, give us a call today for a free consultation.
Our toll-free number is 1-877-526-3457. If you can’t talk now, fill out this form so we can contact you at a better time.
Who Determines If I’m Disabled?
POSTED BY Jon Corra . April 23, 2018
We’ve been helping people get their Social Security disability benefits since 1994. That means we’re approaching our 25th year in business. In these 25 years, we have been asked many questions. For instance, “Who determines if I am disabled?” This is a good question any individual pursuing Social Security disability should ask.
Although your treating physician may indicate that you are disabled, it’s not a guarantee that the Social Security Administration (SSA) will agree. SSA will consider the information and determine the amount of weight they feel the doctor’s statement should have on the decision.
So, who does determine if you are disabled? There is not a simple black and white answer to this question. Instead, there are infinite shades of grey that will eventually determine if you’re disabled or not. The SSA uses a five-step process to determine if an individual is approved for disability benefits.
The first step in the process is simple: they will ask if you are currently working at the current SGA level. For those who may not be aware, SGA stands for Substantial Gainful Activity. The SSA states that SGA is as follows:
A person who is earning more than a certain monthly amount is ordinarily considered to be engaging in SGA. The amount of monthly earnings considered as SGA depends on the nature of a person’s disability. The Social Security Act specifies a higher SGA amount for statutorily blind individuals; Federal regulations specify a lower SGA amount for non-blind individuals. Both SGA amounts generally change with changes in the national average wage index.
So, if you’re engaging in SGA, you will likely be denied at step 1 in the SSA process without SSA even looking at your medical evidence
If you’re not engaging in SGA, your claim will proceed to step 2 in the process: do you have a severe physical or mental impairment or combination of severe impairments? SSA defines a severe impairment as an abnormality that causes more than a minimal effect on your ability to work. SSA also requires that your impairment will cause such effect on your ability to work for 12 months or longer.
If SSA deems your impairment(s) to be severe, your claim will proceed to step 3: do you meet or equal a medical listing? The SSA maintains a listing of medical criteria that are considered to be so severe that an individual is found to be disabled if his or her medically determinable physical or mental impairment(s) matches them.
If an individual has an impairment that meets or equals one of the listings and meets the duration requirement, he or she is found to be disabled. If an individual does not have an impairment that meets or equals one of the listings or the duration requirement is not met, the adjudicator goes to step 4.
In step 4, the SSA will examine your prior work history. Do the limitations associated with your disabilities keep you from doing the type of work you’ve performed in the past 15 years? This is where your doctor’s input becomes very important. SSA is looking for more information than your doctor’s opinion that you are disabled and can no longer do your past work. It is beneficial for your doctor to note what limitations you have because of your disabilities. For example, how long can you sit, stand, walk, lift, and concentrate? Would you need to elevate your legs and how often/for how long? Can you interact with the public or with supervisors? Would you need to be frequently retrained due to problems with concentration or memory loss? Would you need extra breaks throughout the day and how often/for how long? If your doctor does not note these types of limitations, the agency adjudicator will determine your limitations based on the information noted within your medical records. Your doctor, who has probably evaluated you many times, is going to better know and understand your limitations than an adjudicator who is merely reading your medical records. If it’s decided that your disability does keep you from working in the field you were formerly employed, the SSA will go on to the 5th and final step: can you do any other type of work?
At this point, the SSA wants to know if you will be able to work and achieve the SGA level in a field that differs from any of previous fields in which you were employed in the past 15 years. This can get very complicated. Your limitations, along with other vocational factors such as age, education and work experience, will be used to determine if you can work in jobs you haven’t done before. If it is decided that you cannot do your past work or any other type of work, you will be deemed disabled by SSA.
If you believe you may be disabled and need some help with your claim, call us today for a free consultation. Our toll-free number is 1-877-526-3457. If you can’t talk now, fill out this form so we can contact you at a better time.
Social Security Q and A #1
POSTED BY Jon Corra . March 12, 2018
Jon Corra: Alright everyone. Welcome to our live Q & A with attorney Yvonne Costelloe. We’re taking Social Security questions today, so if you’re interested in something with Social Security please don’t hesitate to make a comment and we will try to answer that as quickly as possible. Yvonne’s been with us for quite a while, seven years if I’m not mistaken.
Yvonne Costelloe: It’s going to be six-
Jon Corra: … Six years, and you’ve only been a social security attorney right? Your whole career.
Yvonne Costelloe: Well, for legal purposes yeah, I’ve worked solely with Jan Dils as a Social Security disability attorney.
Jon Corra: Where did you go to school?
Yvonne Costelloe: I went to law school at the University of Dayton, School of Law, and undergrad I went to Mercy First University, which is in Erie, Pennsylvania.
Jon Corra: What has it meant … I know you’re passionate, I think every one of your clients would say you’re passionate about Social Security, and you could have chosen any type of law. What made you decide Social Security was the way to go?
Yvonne Costelloe: I came from a background working a lot with social services, working with developmentally disabled, dual-diagnosis in the mental health field, community outreach and I really enjoyed it. I enjoyed helping people in their everyday lives, working directly with them, and so, an opportunity like this to be able to, hopefully, step up and really help people financially bring in that income, and who are deserving its just a great fit for me. I am able to do more for the same type of individuals and help get the benefits that they really deserve and that they need for them and their families.
Jon Corra: How awesome, I think we can agree that a lot of people in our firm especially are just driven to help people that’s why we have so many people who stay here for so long. So once again, if you have a question about Social Security do not hesitate to put it down in the comments. We are going to try to answer as many questions as we can today. We do have a few that were submitted ahead of time, and since Yvonne’s an attorney we haven’t actually done a Q & A with one of our attorneys yet. I personally want to know what can someone expect when they go to a hearing? What is it like? What’s the dynamic there? Is it like what they see on Judge Judy or is it completely different?
Yvonne Costelloe: It’s funny you say that because the first thing I say to almost every one of my clients when we talk about what to expect is not Judge Judy. This isn’t the People’s Court, that’s kind of my citation with everything. This isn’t what you think when you watch TV or you watch movies, it’s more of a conference. There’s two different ways the hearing will take place; it’ll either be by video where you’ll go into a room, like a conference room, and when you go there’ll be a big flat screen TV and the judge will be on the TV screen and he may have his expert on there, or the expert will be by phone, and then you’ll be in a room with your attorney and then also with a court reporter, or a hearing reporter. That person’s job is really solely just to record the hearing. They won’t ask anything, and then everything will go by video. Or, if you’re in person, if you’re at one of the locations like in Charleston or in Dayton or in one of the locations where there is a hearing office, then you’ll be in person with the judge and it will be you, the judge, your attorney, and then the vocational expert.
Yvonne Costelloe: When you go in, there is some formalities, you have to swear in. They’ll have you raise your right hand, swear in that you’re gonna tell the truth. This is a court hearing so you have to be honest. And then from there, every judge is a little bit different. Most of the time an attorney will have the opportunity to make an opening statement, talk a little bit about what to expect, or talk a little bit about what … talk a little bit about your record and argue the outline of what’s going on in your situation and your case. From there, most judges will either have the attorney ask questions, or you’ll ask questions, or they’ll ask questions. And these will be things you’ll talk about at the pre-hearing.
Yvonne Costelloe: They want to know how your conditions affect you. They want to hear it directly from your mouth, and how your pain effects you, or how your mental health symptoms impact your daily activities. Do you have a hard time standing or walking? Are you unable to engage in activities with your family? And a lot of that we talk with the clients ahead of time at the pre-hearing and that’s why sometimes the pre-hearings are a bit challenging but that’s why we do it. We want to ask you those questions when its just you and I on the phone, or in person so you know what to expect. And then from there the judge may have some followup or the attorney may have some followup and then we go to the vocational expert.
Yvonne Costelloe: Sometimes there’s medical experts at a hearing and they won’t … they’re not going to examine you during the hearing or ask you any questions but they’re gonna go through and look at … they’ll have looked at your medical records and make an opinion about what they see in the medical records to help the judge and your attorney. The vocational expert is going to testify about jobs. In order to be found disabled, in pretty much every case, we have to prove that you can’t do any work in the economy. So, it’s not like other claims like workers comp, where maybe you just have to prove that you can’t do the work you used to do, we have to get rid of all jobs and that’s why the vocational expert’s there. And so the judge and the attorney will ask them what’s called hypotheticals.
Yvonne Costelloe: So they’ll say, you know for example, John, if you were going into a hearing and maybe you had had an amputation, you lost an arm in an accident or something, then a hypothetical could be, you know, if we had somebody at the same age and education as John, the claimant, and they lost a limb, is there jobs they could perform and the vocational expert will say yes or no, and if they say yes, they’ll give examples. And that’s the most confusing part of the hearing for most people because they’re listing numbers and jobs and they’ve never heard of these jobs before but, your attorney is well equipped to handle that and will handle it. They’re not going to expect you to respond to that. At the very end the judge may give [inaudible 00:05:36] an opportunity to close out and make a closing. Some do, some don’t, every judge is different. But then the one thing that’s most important, that most people are not aware of coming in is that you don’t get a decision that day. The attorney may have an inclination of what’s going to happen or the judge may say, yeah, I think I’m going to find you disabled but nothing’s final until it comes in writing.
Yvonne Costelloe: We always, even when the judge says in a hearing that yes, you are gonna be found disabled or I am gonna find you favorably, I still tell the client, I give you a 99.9 because we wanna get it in writing, we want to see it come in the mail.
Jon Corra: Mm-hmm (affirmative)
Yvonne Costelloe: And usually that takes 30 to 60 days, it can take up to four months after the hearing is over. So, that’s pretty much, kind of in a nutshell, how it goes and what to expect but, definitely, not like the People’s Court, there’s no yelling or gavel slamming or anything like that going on.
Jon Corra: And they don’t … most people don’t receive a judgment that day, correct?
Yvonne Costelloe: Exactly. Yeah, we expect it to come in writing so even if the judge does say they’re gonna find you disabled, we still have to get it in writing because it’s not final until it comes in writing.
Jon Corra: Okay. One of the questions we get asked quite a bit is about grid rules and I’ve done some personal research about this and I personally find it confusing. I know all of our clients, I believe, find it confusing as well. Can you describe what grid rules are and how they affect Social Security?
Yvonne Costelloe: Right, so the grid rules are a special set of regulations that come into play because the Social Security office or the Administration takes into consideration your age, your education, and the type of work you used to do. Technically, the grid rules can apply when you’re young but they’re not helpful until you’re generally about 50 years old.
Yvonne Costelloe: I always tell clients that generally 50 and 55 are the magic numbers where a lot of things can change. There’s some exceptions to that and that’s getting a little complicated. But, what starts to happen is when you turn 50 and then when you turn 55 they start to recognize that you don’t have the same ability to step back into certain types of work. So, what they’ll look at is they’ll look at your age, the type of education you have will affect you. If you have a high school diploma or not, or if you have a college degree or not and then the type of work you used to do.
Yvonne Costelloe: And this becomes a big issue or really comes into play a lot of times when I have clients that change age categories so you go from being 49 to 50 or you go from being 54 to 55. That can make a huge difference in your claim. So, for example, if I have somebody, let’s say, 48 when they applied for benefits and they’re past work, they did all heavy work, we’ll say they’re a coal miner, we work with a lot of coal miners. They’ve only ever been a coal miner and Social Security said, okay, we know you’ve only been a coal miner but we think you can do sit down work. We know you’ve got some back issues and neck issues but you can do sit down work.
Yvonne Costelloe: Well, maybe by the time they get to hearing, they’ve turned 50, at that point they may be then found disabled because Social Security doesn’t expect a 50-year-old who’s never done sit down work or never had a job where there’s skills they can do that would be equivalent to sit down work and they’re limited to sit down work, they understand that you’re gonna have a really difficult time finding a sit down job and so you … if that’s the situation, you can be found disabled.
Yvonne Costelloe: And I think that comes up a lot when I have clients say, okay, you know, you’ve changed age categories or sometimes judges will offer to say, listen, I think you’re disabled but I don’t think you became disabled until you turned 55 and that’s really confusing but that’s because of those grid rules and they’re very powerful and it can be … it’s one of the more solid aspects of the disability claim where we can say, hey, this and this apply and therefore this person should be found disabled but that’s why age is so important and can make such a big difference especially if you’re changing age categories during your claim.
Jon Corra: One thing I think a lot of people don’t realize is how complicated Social Security is as a whole. One thing, if it was easy, everyone would do it and if it was easy it wouldn’t take so long.
Jon Corra: We do have a quick question from one of our audience members, Mr. Davis, and you may not know the answer to this but, you know how people get the statement from Social Security every year saying if you became disabled this year you would make X amount of dollars …
Yvonne Costelloe: Correct.
Jon Corra: He wants to know if those are completely accurate and how much they come into play?
Yvonne Costelloe: They’re pretty accurate so when we look at somebody that is Title II eligible, meaning that they’ve worked and they’ve paid into Social Security, they’ve paid taxes, they’re building almost like an insurance plan where, if they become disabled, they’re gonna get paid back and the more you pay into it, I guess, the more will make and the longer you work the more you’re gonna be able to get back from that.
Yvonne Costelloe: I think the maximum is $25 or $2,600 dollars and what happens is when they send you that statement, that’s what I always tell clients, is a rough estimate. So it’s … What happens is if you’re found disabled, they do go back and recalculate and make sure everything is correct but, generally, it’s gonna be really, really close to that number. It does go up a little bit each year due to cost of living and things like that, adjustments, but pretty much that’s pretty much about what you’re gonna expect, somewhere very close to that range.
Jon Corra: And I think it probably goes back to because we’re the one paying into the Social Security tax each year. They base it off that, it’s not just … they’re not just pulling anything …
Yvonne Costelloe: Nope, it’s based on your work history and also how much you’re making so the only time I’ve really seen people come and get a $25 or $26 … I think it’s $2,500 dollar, we call it the PIA, is when they’ve made significant earnings over an extended period of time.
Jon Corra: Okay. Mr. Davis, thank you so much for your question.
Yvonne Costelloe: Yes. Thank you.
Jon Corra: If anyone else has a question, please do not hesitate whatsoever to chime in, we’ve got our iPhone’s here, our watches and everything so we can catch your questions. One thing I want to ask you because I’m always thrown off by the alphabet soup that is Social Security and I’m sure if you have anyone who’s getting the aid, disability, watching, same problem there, all these acronyms confuse you.
Jon Corra: So, there’s two things that you’ll see, almost everyone will see in a case, that’s an ALJ and a DE, or a disability examiner, and of course, ALJ is an administrative law judge. What’s the difference between those two because they have similar jobs, correct?
Yvonne Costelloe: Well, kind of. When we’re looking at a disability examiner, that’s somebody that generally is just looking at the opinions that are made by the doctors so, when you apply for disability what Social Security will do is send your medical records to one of their examiners who will review it and they’ll make an opinion. So, sometimes clients say, oh, I got a decision and they’re talking about Dr. Joe and I don’t know who Dr. Joe is, I never saw him. And it’s usually one of the doctors that Social Security has reviewed your case. And what’ll happen then is they’ll review that, they’ll have a vocational specialist who will review your work history and then the examiners come in and they’ll make a decision on what your capacity is based on those two things combined on whether or not a finding of disability should be established.
Yvonne Costelloe: The difference between them and an ALJ is an administrative law judge is the one that you’re actually gonna go in front of with your attorney. Most of the time you don’t go in front of a disability examiner but with the ALJ they have … they can, they’re not bound by the prior decisions. They’re gonna make their own independent decision so, although those decisions are there, they’re not, they don’t have to follow them. They’re also gonna have additional evidence and also, when you’re before an ALJ, that’s the first time your attorney has an opportunity to really discuss the medical records with the judge, to make comments about what was found by them.
Yvonne Costelloe: Oftentimes, when I look back and the first step I always do when finding if a client is disabled is to look at what happened, why did they get denied and that’s the first way before court, is you gotta plug the holes in the boat, is what I always say so, I look for those holes. Why did this client get denied and is that accurate? And to look back and say, hey your honor, you know I understand that they found this but, that’s not correct or we have this new information and the ALJ is able to make those determinations and the ALJ determination is really more final.
Yvonne Costelloe: At that point, you know, then we’re looking at appealing up to the Appeals Council or federal district court after that.
Jon Corra: Awesome, thank you for that, for sure. Once again, anyone, if you have questions please don’t hesitate to ask. I see we have several people watching right now. Thanks to everyone who’s tuned in. We do have a few more questions asked of Ms. Costelloe here though.
Jon Corra: One thing that we’ve discussed a lot downstairs, by that meaning if you’re not in the office of Social Security is because downstairs mostly, VA’s upstairs … Auxiliary benefits, I hear that word thrown around quite a bit, especially after people get approved but, I think, if you’re not in the system you might not know what auxiliary benefits are. Can you describe that to us?
Yvonne Costelloe: Auxiliary … and the question leads in perfectly when the gentleman earlier was asking about the amount that they’d get paid, what happens is there’s two amounts. There’s one amount that’s kinda the individual PIA and then there’s something called a family max and he may have seen that on his statement if he was looking at it. The difference between those two is the auxiliary benefit amount. And what happens at that point is if you have a child that’s a minor, and by minor we mean a child that’s under the age of 18 or if they are up to age 19 and still in high school, then they can qualify to get these auxiliary benefits. It’s essentially divided evenly between all your dependent children.
Yvonne Costelloe: So, if you have 10 dependent children or one dependent child, it’s the equal amount and that is divided evenly between those children and there are times where step-children and some other situations can also be qualified and that’s kind of an individual situation that we can address if need be but, that amount would be distributed if the child … Essentially it’s distributed to the child’s caretaker so if the child is at home, then it would come into the home or if the child is living at a separate residence then whoever that child’s guardian or custodial parent is and that is just another way for them to understand, or for I guess, for Social Security to understand that there needs to be additional funds for that minor child and that’s essentially what auxiliary benefits, what they do for your family and the eligibility of those.
Jon Corra: Okay, great. Donna has an interesting question. Donna, thanks for commenting. She said that she received her first check on December 1st, obviously, she was approved and congratulations on that, so she received her first check December 1st, she has not received her back pay yet. So, on average, how long does it take for an individual to receive back pay?
Yvonne Costelloe: So, back pay is done on two different levels. If somebody is gonna get SSI back pay, that’s generally done at the state level and if they’re getting SSDI back pay, and I know this is getting a little complicated but, that’s generally done at the federal level. So, it just depends on how fast, usually, somebody’s gonna have their back pay by the time they get their first payment and if there’s a delay then there can be a couple of different reasons why. It could that there’s some kind of processing issue or it could be that there’s, there could be a lien or something like that, that could be affecting it.
Yvonne Costelloe: The best thing to do is if you’ve got … started getting your payments and you’re still wondering where that’s at, you can certainly contact our office and there’s oftentimes where there are delays and then our case managers will work directly with you to see why there’s delays and what we can do. But, generally, you should see your back pay, I think it’s generally up to 120 days after your decision is pretty typical but, again, things happen and it wouldn’t be … and that’s what we’re, again, still here for you, still here to work with you even though we’ve been able to get you a favorable decision, we do continue to work with you and our case managers are excellent at that.
Yvonne Costelloe: So, Donna, the best thing I would suggest is if it’s been more than that, contact your case manager and discuss that with them and they can certainly look into that for you no problem at all.
Jon Corra: And we want to remember, sometimes, most days get mangled so …
Yvonne Costelloe: Never been heard of, John. It does happen and we continue and that’s all included in our representation. We’re not gonna send you a separate bill or anything for that so, certainly call in and we will work with you.
Jon Corra: We apologize for the technical difficulties there. Of course, you know when you have a Social Security claim, you’re gonna have all kinds of issues along the way so, this is no different, we’re used to little hiccups along the way.
Jon Corra: One last question we wanted to ask. Yvonne wanted to ask, just explain in more detail. Why is the backlog taking so long for so many people?
Yvonne Costelloe: And that’s a big one, that’s the biggest complaint from every single client and not just from the clients but for us, as your representatives, and the frustration of it is that it does take a long time. In general, the average wait time from hearing is about 600 plus days and that’s nationwide and a lot of that has to do with the Administration and I think it’s really important to clarify that it’s not your firm, especially for us, it’s not us, that we’re not ready to go and we’re not willing to go, it’s a matter of getting Social Security to get those hearings scheduled. Jan, and everyone in the firm has been great about making sure we have attorneys ready to go and ready to take … participate in these hearings but, what happens is they have, currently have a backlog with regard to hiring, with judges and those that need to process the claims in the Administration and they also have a budget that really hasn’t changed from my understanding and so there’s a lot of complications there.
Yvonne Costelloe: The Social Security office is the one that decides when the hearings are generally gonna be scheduled and the hearings are pretty much scheduled based on, for the most part, your application date and your initial reconsideration determination. There’s some exceptions to that and there is some opportunities where we can try to get that sped up. We do, do everything we can internally, as attorneys, for our claimant that if we think that somebody meets special requirements, either because of the dire need, it’s called Dire Need Application where there are issues of homelessness or bills being shut off. We try to get those processed or if somebody has a condition that meets a certain level of severity. Now every one of our clients has severe, significant medical issues that they’re going through but, in some circumstances, where that person has certain criteria that Social Security has something called a book of listing and in some circumstances where somebody has a very, very cut and dry condition, if they have cancer that’s metastasized or if they have certain findings on a pulmonary function test or sometimes things of those natures that we will try to get those approved ahead of time as well. But other than that, general rule, it is taking up to two years in some cases, if not longer.
Yvonne Costelloe: Same thing with the Appeals’ Council, if they just go in the order they are received and the Administration has to process those applications and have to prep those cases to a certain point before they’ll even approach us about getting it scheduled but we, generally, one of the good things about the way our firm functions and the way the support staff that we have here is once they say we’re ready to schedule, we’re generally ready to schedule. We take these hearings and we do everything we can to make sure that we have attorneys available in a wide variety of areas to make sure that we can get those clients up and running when their hearing is scheduled. We always make sure we can get there and make sure that’s taken care of. I think we’ve done an excellent job of that as a firm and making sure people get in there and doing everything we can to make sure we’re 100% ready to go and the important part about that, for everybody watching, and if you’re watching, you’re probably not going to be the one that might have issues with this, is staying in communication with us because once we get that hearing, once we get the hearing date scheduled, we know generally before you do and that’s when things really start moving fast.
Yvonne Costelloe: We have a special development team that’s going to make sure we have all your medical records before you even talk to your attorney. There’s a lot of different wheels that start moving very fast. But, for the most part, the frustration is with the agency and I want people to really understand that the attorneys that are out there, and if another attorney promises you that they can get a hearing faster or generally, that’s not going to be accurate and think that’s a big misconception that floats around of why that wait time is delayed.
Yvonne Costelloe: I certainly think it’s really unfair given the circumstances and what individuals are facing when they are waiting for applications. This isn’t an easy time. This is a time when people are going through financial issues, they have health issues and they’re facing this added stress of not having a determination decision on their case and it’s really unfair but we’re gonna do everything we can to speed that up the way we can or any way that we could and make sure that when it comes time to go to your hearing that we wind up ready to go, ready to get everything moving at that point.
Jon Corra: Mr. Davis has another question and I can field this one. He wanted to know if once he gets approved if he can file for VA disability. We’re happy to give a consultation for that, for sure. We have the staff here that’s prepared to answer that question. There is no general yes or no, we always like to take everyone on a case by case basis so, just be sure to give us a call at that point and we’ll be happy to give you that consultation. We might be able to help you with that.
Yvonne Costelloe: And we have a lot of clients that have both claims moving at once. I handle a lot of clients where we’ve gotten their VA disability approved and now we’re working on their Social Security disability. Those are kind of two different beasts but certainly, if you have questions, we have a great intake team that can answer those questions and we’ll be able to address that.
Jon Corra: Awesome. Well, everyone, thank you so much for tuning in today. For those who asked questions, we appreciate it. We’ll be doing this again in February so look for a date and time soon and, once again, thanks so much for watching. Have a good day.
What Social Security Applicants Need To Know About Online Applications
POSTED BY Jon Corra . January 25, 2018
The internet is a wonderful tool with the power to make our lives easier in so many ways, including the process of applying for Social Security Disability. For instance, did you know that you might be able to save a lot of time by filing your initial application for benefits online? However, not everyone can file their applications via the internet. If you wish to pursue Social Security Disability, you must meet the following requirements to file online:
You must be age 18 or older;
You are not currently receiving benefits on your own Social Security record;
You are unable to work because of a medical condition that is expected to last at least 12 months or result in death; and
You have not been denied disability benefits in the last 60 days. If your application was recently denied, Social Security’s Internet Appeal application is a starting point to request a review of the determination made.
What about individuals who want to pursue Supplemental Security Income? (SSI) Those people are able to file online too, but the requirements are slightly stricter. Per the SSA website, you must meet the following requirements to file your SSI claim online:
You must be between the ages of 18 and 65;
You’ve never been married;
You aren’t blind;
You are a U.S. citizen residing in one of the fifty states, District of Columbia, or the Northern Mariana Islands;
You haven’t applied for or received SSI benefits in the past; and
You are applying for Social Security Disability Insurance at the same time as your SSI claim.
[youtube url=”https://www.youtube.com/watch?v=YOK7KTjXhVs” width=”500″ height=”380″]Overall, filing an online application is a great way to get your Social Security case started. There are some instances in which you may not want to file online, however:
If you don’t have access to high-speed internet, you may want to file a traditional application instead. The application can take a long time to complete, and that can be made worse if you don’t have a high-speed connection.
If you only have a smartphone. Smartphones are great, but a traditional desktop computer or laptop is a better choice for this application. The main reason for this is because you will need to upload and download large files for your new application.
If you’re not comfortable with computers, you may want to use a traditional application over the online application.
If you are curious about applying for benefits, give us a call today for a free consultation. Our toll-free number is 1-877-526-3457. Or, if you can’t talk right now, fill out this form so we can contact you at a better time. We may even be able to help you fill out your initial application.
How College Impacts Your Social Security Claim
POSTED BY Jon Corra . August 10, 2017
Sometimes I get too involved in the subject I am writing about for a blog. On occasion, I’ll hear a coworker say something and it will spark a bit of inspiration. Both of these things happened when I heard case manager Kelly Fritz talking to a client recently. She was advising the client about college and how it impacts an individual who is trying to get approved for disability. I immediately thought of myself. Granted, most people who know me will tell you that I immediately think of myself in most situations. Kidding aside, I really hadn’t thought about how education plays a part in the disability process. So, I decided to look into it further.
I think it’s obvious that the purpose of social security disability is to determine if you can work or not. That is somewhat of a generalized version of how Social Security works. Unfortunately, it’s not that black and white. However, for this blog, let’s keep things simple. When looking at everyone applying for social security as a whole, we see a diverse group of people with one thing in common; a disability is keeping them from working. Social Security has two ways to determine if a person is disabled; The Social Security Administration (SSA) evaluates applicants for disability in two ways:
whether an individual’s impairment(s) meets or equals the criteria of an official disability listing in the Social Security disability handbook (often referred to as the listing of impairments, or the blue book), or
whether the individual’s medical and vocational factors, when considered together, prevents he or she from performing any of their old jobs and any other job in the national economy (disability examiners refer to this as a medical-vocational allowance).
To keep things simple, we will just be focusing on the 2nd option. In this case, yes, your education level can make it more difficult to get approved. If an applicant’s disability or impairment doesn’t meet or equal a listing, and the applicant can’t return to his or her former work, the applicant’s age, work history, and educational background are evaluated to determine if an individual has the capacity to perform less demanding work in a competitive workforce.
How can your education level impact your claim? Well, your ability to perform other types of work sometimes comes down to something called transferable skills. Transferable skills are skills that you have acquired through your past jobs or through schooling that you can use in other areas of the work force that are less demanding. Therefore, if you return to school, you may have additional skills that can be used in other jobs even if you are unable to perform your old jobs.
So, yes, college can impact your claim for social security disability. Just keep in mind that this is not the only factor that impacts your claim and we certainly do not discourage you from furthering your education. You also have your age, health, and many more factors to consider. Let us know if you like to learn more about social security. Call us today for a free consultation. Our toll-free number is 1-877-526-3457. If you can’t talk now, fill out this form so that we may call you at a better time.
How to Stay Focused on Your Social Security Case During the Summer
POSTED BY Jon Corra . August 02, 2017
Memorial Day just passed, all of the kids are out of school, and we no longer need to pack a hooded sweatshirt when we venture out for the day. Though summer officially starts in three weeks, the unofficial start is here. I just got back from a weekend road trip, and I am eagerly planning a trip to central Ohio later this month. There is so much to do in the summer time regardless if you are planning trips, being one with nature, or even getting pumped for all of the great shows on Netflix. Summer is a lot of fun, but it’s also an ideal time to get distracted from your social security claim that can have negative ramifications in the long run. Today, let’s talk about 5 ways to keep your social security case on point during the summer.
Schedule your appointments accordingly. Just like you and I can’t wait to go on vacation, your doctor likes to go on vacation too. For many smaller offices, the entire staff usually goes on vacation at the same time. So, there may be weeks during the summer that your doctor’s office is not available. However, if your doctor’s office is open during holiday weeks like the 4th of July or Labor Day, you may be able to get in at the last minute if you need to. The bottom line is to keep your appointments up during the summer. You need to have evidence to get approved, so don’t let your appointments slip due to distractions.
Keep up on paperwork. My post office box is about to burst. I am probably the last person who should talk to you about getting the paperwork back into an office. But, once again, it’s easy to get distracted.
Attend your hearing. It takes a very long time to get a hearing scheduled in the first place. If you cancel your hearing with the SSA, it may be several months or more before you actually get rescheduled. Is that extended time worth skipping?
Take your medication as prescribed. This can be difficult for someone like me to preach, but it can negatively impact your health if you don’t take your medication on a regular basis. Now that everyone has smartphones, it’s easy to set an alarm to remind yourself to take your meds.
If you move, tell someone. Most people move in the summer, especially July, so if you happen to move, call your attorney or the SSA and let them know. Failing to do so can result in lost paperwork and missed appointments. A simple phone call can alleviate these issues.
We know summer is supposed to be a time of fun and great memories, we just don’t want your case to slip by the wayside. If you want to have some help with your claim for social security disability, give us a call today for a free consultation. Our toll-free number is 1-877-526-3457. If you can’t talk now, fill out this form, and we will call you back at a better time.
How Does Incarceration Impact Your Social Security Benefits?
POSTED BY Jon Corra . July 06, 2017
It’s funny how pop-culture can impact the types of questions we are asked at the office. Since the popular Netflix original series Orange is the New Black has returned, we have received quite a few questions about individuals curious about what would happen to their benefits if they went to prison. Before we get too deep into this subject, the people asking us about this are not criminals. I am willing to bet most haven’t even taken a pen from a bank. Rather, they are just curious. Or, they like to be prepared because you never know what may happen in your future. Thankfully, the SSA makes this info relatively easy to obtain.
One of the first things to keep in mind is that the length of time you are incarcerated is important. For instance, if you are arrested one evening and held overnight for a small crime, your benefits likely will not be impacted. In fact, according to regulations, you must be incarcerated or at least 30 days before your benefits will be discontinued. Your benefits may be reinstated after your release.
The SSA goes on to state: Although you can’t receive monthly Social Security benefits while you’re incarcerated, benefits to your spouse or children will continue as long as they remain eligible. If you’re receiving SSI, your payments are suspended while you’re in prison. Your payments can be reinstated in the month you’re released. However, if your confinement lasts for 12 consecutive months or longer, your eligibility for SSI benefits will terminate and you must file a new application for benefits.
If you haven’t filed for Social Security benefits before, you can while you are in prison with a few rules. If your institution has a prerelease agreement with the local Social Security office, it will notify the SSA if you’re likely to meet the requirements for SSI or disability benefits. The SSA will get an application from you several months before your anticipated release. That way, they can begin processing your application and your benefits can start as soon as possible after your release. If you’re filing for benefits based on disability, the SSA will gather medical evidence from your doctors to help them decide whether you still meet Social Security’s definition of disability. Family members or a social worker can help you by contacting Social Security to let the SSA know about your upcoming release. A family member also may be willing to serve as your representative Social Security Payee if your medical condition prevents you from handling your own finances.
If you’ve been released from prison, and have questions about filing for benefits, give us a call for a free consultation. Our toll-free number is 1-877-526-3457. If you don’t have time to talk now, fill out this form so that we may call you at a better time.