Social Security Disability

The Social Security Disability system is vital to disabled workers as it is frequently the only financial resource that keeps them from living in abject poverty. The National Organization of Social Security Claims Representatives (NOSSCR) reports that the Social Security Administration and its disability system is the subject of a congressional inquiry.

On December 2, 2011 the House Social Security Subcommittee held the first of what will be a series of hearings focused on the disability insurance program. The subject of the hearing was securing the future of the disability program. The subject of the next hearing will be fraud; no date has been announced.

What Is a Technical Denial for Social Security Disability Benefits?

If you have filed a Social Security Disability Benefits claim for both Supplemental Security (SSI) and Social Security Disability Insurance (SSDI), you may receive a technical denial for one or both of the benefits. If this is the case for you, you’re probably wondering what this means and if it is possible to appeal the decision. This depends on which claim you were denied and why.

Taxes and Disability Benefits from Social Security

If you are receiving disability benefits from Social Security, you may be a little confused about the process come tax time. What portion of your benefits is taxable, if any? What happens if you had to repay your benefits to a private insurance carrier? Are you eligible for any additional tax deductions or credits? Here is some basic information to get you started.

The Social Security Disability system has changed its policy on a claimant’s ability to file a second or what is known as a “subsequent” disability application if they receive an unfavorable decision from the SSA. This change unfairly burdens a disabled claimant with a catch 22 decision, “Do I drop my appeal of the first application and lose back due benefits while filing a second (subsequent) application or do I wait for years appealing the first application?” This is a continuation of our blog post from earlier in the week.

The Social Security Disability system has implemented an unfair and unnecessary new restriction that may cause disabled claimants to make a difficult financial and legal decision. The National Organization of Social Security Claims Representatives (NOSSCR) reports that the Social Security Administration will no longer process a subsequent (a second) disability claim if you already have a claim under the same title and of the same type pending at any level of review (initial, reconsideration, hearing or Appeals Council). Until now, it has been common place for claimant that received an unfavorable decision from an Administrative Law Judge to file 2nd application while their first application was stuck in the lengthy appellate process. This practice was often beneficial because the by the time of the second application, the disabled worker’s condition had gotten worse or they had aged up into a more favorable age bracket.

Many people who qualify for social security disability payments also have dependent children who may qualify for additional payments. When a worker is medically eligible for social security disability benefits, a spouse and children may receive additional checks as well. The amount is determined by what was paid into social security by the worker over time. There is a “family maximum” amount that is split among all dependants that qualify. These benefits are referred to auxillary benefits.

What is an ALJ Hearing?

The Social Security Disability appeals process has many levels in its appellate process. The most important level of appeal before the Social Security Administration is what is known as an “ALJ Hearing.” The hearing will be conducted by an Administrative Law Judge (ALJ). The judge’s job is to issue an independent decision, which is not influenced by the fact that your case was denied at the time of your initial application and on reconsideration. In fact, judges do issue independent decisions, with more than half of their decisions nationwide being in favor of the claimant. These are the best odds of winning at any step in the entire social security appeals system.

Why You Shouldn’t Use the Insurance Company’s Recommended Social Security Representative

Long Term Disability Insurance companies want you to receive Social Security Disability benefits. This is not out of the goodness of their heart. They have a financial motive for you to win social security disability benefits AND they have an incentive to keep tabs on you and your social security case.