One of the most important aspects to consider when pursuing a Social Security Disability claim is whether or not the individual making the claim is capable of working. One of the ways in which the Social Security Administration (SSA) evaluates your ability to work is via a Residual Functional Capacity Assessment, commonly known as an RFC.
Your impairment(s) and any related symptoms, such as pain, may cause physical and mental limitations that affect what you can do in a work setting. Your Residual Functional Capacity is the maximum amount of work you can still do despite your limitations. The Social Security Administration (SSA) will assess your Residual Functional Capacity based on all the relevant evidence in your case record.
For instance, if you have an issue with your back, the RFC will measure how much you can still do despite your back problems, such as how long you can stand, walk or sit, or how many pounds you can lift.
Your physical RFC determines whether you can be expected to do sedentary work, light work, or medium work. For instance, if your doctor has restricted you to walking and standing no more than two hours per day, your RFC will be for sedentary work. Here are the various exertional levels that could appear in your RFC:
Sedentary work.This means you have the ability to lift no more than 10 pounds at a time, and occasionally lift or carry things like files or small tools. A sedentary job requires the ability to sit for 6 hours out of your 8-hour work day and stand or walk for no more than 2 hours of your 8-hour work day.
Light work.This means you can lift up to 20 pounds occasionally, and frequently lift or carry up to 10 pounds. Light work requires the ability to stand or walk for 6 hours out of your 8-hour work day. If you can do light work, you can do sedentary work.
Medium work.This means you can lift up to 50 pounds at a time, and frequently lift or carry up to 25 pounds. Medium work requires the ability to stand or walk for 6 hours out of your 8-hour work day. If you can do medium work, you can also do light and sedentary work.
Heavy work. This means you can lift up to 100 pounds at a time, and that you can frequently lift or carry up to 50 pounds. Heavy work requires the ability to stand or walk for 6 hours out of your 8-hour work day. If you can do heavy work, you can do medium, light, or sedentary work.
Very heavy work.This means you can lift objects that weigh more than 100 pounds, and frequently lift or carry 50 pounds or more. Very heavy work requires the ability to stand or walk for 6 hours out of your 8-hour work day. If you can do very heavy work, you can do all the other levels as well.
Your RFC will also include any non-exertional restrictions, such as not being able to stoop, bend, crawl, use your fingers, or remember instructions. Among non-exertional restrictions is your ability to function because of nervousness, anxiety, or depression.
This may seem confusing, especially if you’ve never filed a Social Security Disability claim before. It can be daunting to submit all of the forms, file appeals, and go to hearings. These are just some of the reasons why so many people turn to our team for help with their Disability claims. We’ve helped thousands get the disability benefits they deserve. If you’d like to know more about the services we offer, call us for a free consultation. Our toll-free number is 1-877-526-3457. If you’d rather talk at a later time, fill out this form. A member of our team will set up an appointment so you can talk to us at your convenience.
For Your Reconsideration
POSTED BY Jon Corra . September 27, 2018
You’re probably already aware that the Social Security process can be a lengthy one. There’s also a good chance you’ve heard that most people who apply for disability are denied at least once. But do you know what happens after that initial application is denied? What should you do next? What is the next step?
If your initial application is denied, which is frequently the case, and you have a disability which keeps you from working, what should you do? It’s simple: you file an appeal called a Request for Reconsideration. The most important thing to remember about the Request for Reconsideration is that it must be filed within sixty (60) days of the initial denial. Filing a Request for Reconsideration can be a simple process. The form, officially called Form SSA-561-U2, can be picked up in person at your local SSA office, or you can get a copy online via the SSA website at SSA.gov.
In addition to the Reconsideration paperwork, you will also be required to complete the Disability Report. This is officially referred to as Form SSA-3441-BK. The last form which must be submitted is another Authorization to Disclose Information to the SSA (Form SSA-827).
All of these forms must be filled out completely in order to be effective. Be sure to review your denial letter, too. The denial letter will include the correct address to send your appeal to. We recommend sending the Request for Reconsideration via certified mail to help ensure the SSA receives your paperwork.
In addition to the forms listed above, you will also want to strengthen your case. This includes submitting any new and material medical evidence that the SSA doesn’t already have. In addition to traditional medical evidence, be sure to submit any non-traditional evidence like headaches, panic attack, or seizure journals to the SSA.
The Request for Reconsideration goes to the Disability Determining Section (DDS), which is a state agency that is involved with making disability decisions at the Initial and Reconsideration levels in a claim. Although DDS will also make the decision on your Request for Reconsideration, your claim will be assigned to a different Disability Examiner to make this decision.
Once DDS receives your Request for Reconsideration, they will begin to gather updated medical evidence and review your claim again. On average, it can take DDS 3-6 months to make the Reconsideration decision. Unfortunately, most claims at this point are still denied. Some estimate as many as 75% of Social Security Disability applications are denied at the Reconsideration level.
This is just one aspect of the Disability process, and it can seem overwhelming. It’s one of the many reasons why so many people turn to Jan Dils, Attorneys at Law. If you’d like to know more about what our firm can do for you, call us today for a free consultation. Our number is 1-877-526-3457. If you’d rather talk at a later time, fill out this form so our team can contact you at a time that is best for you.
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.
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 Medical 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 Medical 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 Medical 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 Medical 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.
Paper Medical Card
You may wonder why the Medical 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 Awful Social Security Myths
POSTED BY Jon Corra . May 04, 2018
Since 1994, we’ve helped thousands of people get the social security disability benefits as Social Security disability benefits lawyers they deserve. Throughout the years, we’ve also heard a lot of questions from clients that originate from Social Security Myths.
There is a lot of information available online about Social Security disability. However, some of it isn’t quite true. This blog covers some of these Social Security Myths and explains why they are not accurate.
You will get rich on Social Security disability.
This is not true, it’s a Social Security Myths . Your Social Security disability benefit amount is based on the amount of income on which you have paid Social Security taxes over your lifetime.
So, the higher your income was throughout the years you worked, the more you will receive per month.
Most Social Security disability recipients receive between $700 and $1700 per month, and the average for 2018 is $1,197. For 2018, the SSI maximum benefit amount is $750 per month, and the SSD maximum benefits amount is $2,788 per month.
Social Security Myths 2:
You shouldn’t pursue Social Security disability and VA disability at the same time.
Many Veterans wait to pursue Social Security until their VA disability claim is decided, or vice versa, worrying that one claim will hinder the other. This is not true another Social Security Myths.
While both are disability claims, they are handled by two different administrations. The Social Security Administration handles Social Security claims, while the Department of Veterans Affairs processes VA disability claims. There is no evidence to show that pursuing both types of claims at the same time will hurt either case.
Both VA disability and Social Security disability take a long time. So, if a VA claim takes 4 years to get approved, and a Social Security claim takes 3-4 years, you could be waiting nearly a decade for an approval on both if you wait to file for one until the other is finished.
Also, many of the medical records you need for Social Security can be used by the VA, and vise versa. Law firms like ours that handle both types of claims can submit records to both the VA and Social Security.
Young people can’t get Social Security disability.
For the most part, it is more difficult for a younger person to get approved than a person who is nearing retirement. Just because it’s more difficult, however, doesn’t mean that it’s impossible for a younger person to get approved for Social Security disability.
The important thing to keep in mind is that the SSA wants to know if you are disabled and if that disability keeps you from working. Some disabilities will stop a person from working regardless of age.
An attorney can’t help you get your benefits.
This is simply not true. There are a lot of things an attorney can do to help you with your claim. An attorney can help you file paperwork, pursue appeals, and also represent you in court. Many attorneys request and review medical records as well.
However, the best thing an attorney can do for someone pursuing Social Security disability is help guide them through the process. Social Security is confusing. It helps to have someone work with you who has been through the process before.
While we’re on the subject of myths, a lot of people believe an attorney can help get you approved faster. That’s not true either. Claimants who have hired an attorney follow the same processes and time frames as those who do not have an attorney.
Disability benefits only exist for those who have worked.
This is only true if you’re pursuing a claim for Social Security disability. This program is based on your work history. However, another program exists for those who are disabled and have no work history.
It’s called Supplemental Security Income, or SSI for short. The SSA pays monthly benefits to people with limited income and resources who are disabled, blind, or age 65 or older. Blind or disabled children may also get SSI.
Social Security is a tough process. But finding the right attorney doesn’t have to be. Call us today for a free consultation from experts Socail Security and Personal injury lawyer. 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.
How Long after Your Social Security Payment Claim is Approved Should You Expect Payments?
POSTED BY Jon Corra . March 03, 2018
Social Security Payment :
Your Social Security Claim is finally approved after years of waiting. You’re probably relieved because the past few years have likely been stressful. So you’re finally ready to relax. But, it’s been a while since you received your approval and you still haven’t received compensation or Social Security payment. So, what’s going on?
Don’t forget that you’re dealing with a government agency, and they have to deal with a lot of red tape. Granted, if you filed a social security claim, you are probably well aware of that by now.
I hate to waste time, and I love simple things. In my mind, if you are approved for your benefits, a few clicks of the mouse should send a check your way, but that is not how the SSA does things. In fact, there are a number of things you should know about the Social Security payment process after you’re approved.
First of all, the way in which Social Security payment are process starts our confusion. SSI payments are processed at your local SSA office. On the other hand, SSD payments are processed by way of National Processing Centers. These are generally pretty far away from people in rural areas.
For instance, our firm is based in Parkersburg, West Virginia. We frequently deal with the processing centers in Philadelphia and Baltimore. Obviously, they aren’t local, and they can have issues that we might not be aware of back here.
It’s also important to note that the SSA is a large organization housing many different departments. These departments are usually not in sync.
So, it makes total sense that you could receive a favorable decision, and not receive payment for 30 to 120 days. It also possible, but uncommon, that you could get a payment before you actually receive the decision. We see this more so in our VA Disability practice, but it is possible with social security too.
With social security, like most things in life, the less complicated the situation, the quicker it will be. If you just have a normal black and white social security claim, you likely won’t see many issues.
However, if you have a workers comp claim or retirement, or even if you’re getting both SSD and SSI, you’re more likely than not going to see delays.
We know how frustrating it can be at a time like this, but we’ve seen it a lot before, and we’ll likely see it more in the future. Once the processing is complete, the claimant will receive a Notice of Award letter detailing all the payment information such as monthly benefit amount, Social Security back payment amount owed, when monthly checks will start and how much was paid to the attorney, if you made use of one.
Finally, there are some miscellaneous items that can cause delays and social Security myths that disturbs you. For instance, if you were married or divorced during the time your claim was pending, this will likely cause a delay. The same is true if you returned to work during this same process. Delays should be expected there as well.
The disability process as a whole is very frustrating. It’s best not to fight it alone. That’s why so many people turn to the team at Jan Dils Attorneys at Law to get the benefits they deserve. From start to finish we have the people and the passion for getting you the benefits you deserve. Jan Dils has an excellent name as a Personal injury lawyer in WV as well.
Call us today for a free consultation from our Social Security lawyers from North Carolina And West Virginia. Our toll-free number is 1-877-526-3457. If you can’t talk right now, fill out this form, and a representative will call you at a more convenient time.
It’s Not Over When It’s Over; What You Need To Know About Continuing Disability Reviews
POSTED BY Jon Corra . February 06, 2018
According to the law, the SSA must re-evaluate your case from time to time, whether you’re receiving Social Security Disability Insurance or Supplemental Security Income. These evaluations are called Continuing Disability Review (CDR), which serve the purpose of determining whether you’re still medically eligible for benefits.
If this evaluation determines that your condition has improved enough, you may no longer be eligible for your current program. But fortunately, if your case was solid enough that you were approved for benefits, this re-evaluation process shouldn’t be difficult.
How often Continuing Disability Review are done?
Continuing Disability Review or CDRs are conducted at varying times on a case-by-case basis, but typically every 3-7 years. This is determined by the rate at which your medical condition is expected to improve – or if it’s expected to improve at all.
Age can also contribute to CDR frequency. They can also be conducted immediately if you go back to work; if you or another individual notify the SSA of any improvements in your condition or that you’re not following prescribed treatments; or if new treatments emerge that could alleviate your medical condition.
How Long Social Security Disability claim takes?
On average, Social Security Disability claims take two to three years to complete, sometimes even longer. This is due to the large backlog currently hindering the Social Security Administration (SSA).
Simply getting approved is a major accomplishment. The journey may have been long, but you can finally relax because it’s over…right? Well, not necessarily.
What after Social Security Disability claim is approved?
After you are approved, you’ll need to keep the SSA informed of any changes to your financial situation, your medical condition(s), and even your living arrangements if you’re receiving SSI.
There is also a chance that your case will be reviewed in the future. Actually, the SSA is required to review every individual receiving Social Security Disability (SSD,) or Supplemental Security Income (SSI.) This is referred to as a Continuing Disability Review, or CDR for short.
It’s important for everyone receiving disability benefits to be aware of what to expect from the CDR process. In this blog, we will explain the Continuing Disability Review in detail.
The most important thing to know about the CDR is that, if the SSA finds that your conditions have improved, you may no longer receive benefits. If your conditions haven’t improved, or if they’ve worsened, the SSA won’t likely stop your benefits.
How often do these reviews occur? The SSA does not have a set schedule for their CDRs, but most individuals will be reviewed every three to seven years.
Each case is different. For individuals with conditions that are likely to improve, the reviews may occur more frequently than an individual with a condition that is not as likely to improve.
The SSA may review your case less frequently than three to seven years if you have a condition that will not improve. For instance, if you’re receiving disability benefits as the result of a lost limb, you may not be subject to a review for much longer than the average time.
In addition to your condition, your age plays a factor in how often the SSA will review your case. If you’re younger than 50, you may be subject to a review more frequently than someone who is over 50.
When it comes to a child’s case, there is one major difference: every child who receives SSI will be automatically reviewed when they turn 18. At 18, the child will be reviewed under adult standards, as opposed to the standards set for children.
There are additional circumstances that may give the SSA a reason to review your case after you’ve been approved. Think of these situations as “red flags” in your case.
They are situations that may be in violation of the SSA rules. The following list provides examples of situations that would alert the SSA that your case should be reviewed:
You return to work
You inform the SSA that your condition has improved
Your medical evidence indicates that your condition has improved
A third-party informs the SSA that you are not following your treatment protocol, or
A new treatment for your disabling condition has recently been introduced
Continuing Disability Review “Short form” and “Long form”
So, what exactly is involved in a CDR? You will be notified by the SSA by mail. This is just one of the many reasons why it is important to keep your information current with the SSA.
When they notify you, they will send you one of two forms. If your condition isn’t likely to improve, you will get the “short form”—the Disability Update Report, which is a simple, two-page form.
If you have a condition that is more likely to improve, you may receive the “long form”—the Continuing Disability Review Report. This longer form is similar to the initial application for benefits. It’s about 10 pages long, and it features more in-depth questions than the short form.
The long form will ask a lot of questions about your medical history for the past year. They will want to know if you’ve seen a doctor or been hospitalized in the past 12 months. They will also ask about tests that you’ve had in the past year, and want your updated medical records.
This is why we tell all of our clients that it is important to continue treatment even after you are approved. Medical treatment is the most beneficial thing anyone can do to help their case.
When will SAA notify you that your benefits have stopped?
If you haven’t returned to work, and the SSA finds no evidence that your conditions have improved or improved enough to return to work, then the review is complete.
However, if your conditions have improved, and the SSA believes that you can return to work, they will notify you that your benefits have stopped, and you will be given the chance to appeal.
If your medical evidence is not sufficient enough for the SSA to decide, they may set you up for a Consultative Exam. This is an exam by a doctor that is paid for by the SSA.
Hopefully, your CDRs will go well, and you won’t lose your benefits. Many individuals aren’t even aware that they will be subject to a review.
If you need help getting approved, call our firm 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 contact you at a better time.
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 social security benefits online application? However, not everyone can file their applications via the internet. If you wish to pursue social security benefits online application, 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.
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 of social security benefits online application. 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 social security benefits 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 Does the RFC form Impact Your Disability Claim?
POSTED BY Jon Corra . December 11, 2017
Anyone who has even considered applying for Social Security Disability will tell you that there are a lot of acronyms. An individual pursuing Social Security Disability or Supplemental Security Income will quickly learn that DDS is an abbreviation for Disability Determination Section. They also quickly find out that ALJ means Administrative Law Judge, and DE is short for Disability Examiner. Even Social Security Administration is typically abbreviated to SSA. But one acronym that many Social Security applicants may not be aware of is RFC.
RFC is short for residual functional capacity. Now that you know what the letters stand for, you’ll likely want to know what it means. Here is how the SSA explains RFC:
“Residual functional capacity assessment. Your impairment(s), and any related symptoms, such as pain, may cause physical and mental limitations that affect what you can do in a work setting. Your residual functional capacity is the most you can still do despite your limitations. We will assess your residual functional capacity based on all the relevant evidence in your case record.”
Essentially, SSA is determining what limitations you may have due to your conditions. For instance, back pain may limit your ability to stand for longer than 4 hours out of an 8 hour day or social anxiety may limit your ability to work with the general public. SSA will be looking to see if there are still jobs within the national economy that you can do despite the limitations defined within your RFC.
If you have multiple disabilities, SSA will consider the combined limitations established for all of them to determine your ability to work. For instance, your back pain may limit you to only performing sedentary type jobs but your mental health diagnosis also limits your ability to concentrate for longer than 30 minutes at a time. The physical & mental limitations combined would further reduce the jobs you could perform than only one limitation by itself. That’s why it’s important to list ALL of your disabilities when you apply for benefits. Or, if you’re working with an attorney, you’ll want to make sure they’re aware of all of your disabilities, as well as the ways in which they limit you.
[youtube url=”https://www.youtube.com/watch?v=YOK7KTjXhVs” width=”500″ height=”380″]Now that you understand the basics of RFC, you may be curious as to who determines your RFC. Actually, it’s a combination of people. Disability Determination Services is a state agency, and is the first level of determining disability benefits. DDS has individuals called Disability Examiners who work with a medical consultant to determine your RFC. These individuals consider limitations your doctor has assigned you, such as the inability to stand more than 10 minutes or lift more than 10 pounds. This is why it is extremely important to have your doctor document the limitations along with your symptoms within your medical records.
The RFC is first used to determine if you can do the type of work that you’ve done for the past 15 years. If you’ve done sedentary work for the past 15 years and your RFC states that you can do light work, which is above sedentary work, they will likely suggest that you return to your previous type of work. If the Disability Examiner determines you can’t do your prior job, they will then determine whether, given your RFC, your age, your education, and your skills, you should be able to learn another job.
This can be a difficult process to understand and navigate. That’s why so many people turn to the team at Jan Dils, Attorneys at Law to help them get the benefits they deserve. If you’d like to know more about the services we offer, or if you’d like a free consultation, give us a call today. Our toll-free number is 1-877-526-3457. If you can’t talk to us now, fill out this form so that we may call you at a better time.