Brent Adams & Associates Legal Blog

Social Security Approval Harder Than Ever

Disabled workers have problems getting SSDI claims approved. Only people who have a disability and appropriate medical requirements may receive SSDI benefits.

Lawmakers Discuss Stricter Social Security Disability Check Distribution

After a shocking case of disability fraud and kidnapping, lawmakers are calling for better enforcement by the Social Security Administration regarding payees.

NC Protests Social Security Cuts

A Congress committee is interested in reducing the federal deficit and ordered a calculation change for annual cost-of-living inflation and annual adjustments.

Social Security Benefits Rising in 2012

Social Security benefits are increasing the highest amount since 2009. Over 60 million U.S. citizens will begin receiving an additional 3.6% in their benefits.

SSDI Claims Denied in NC

A person may be able to file for Social Security disability payments if they are unable to work for at least twelve months. Extensive medical records are needed

NC Social Security Disability Disputes

The topic of Social Security is notorious for sparking debates about budget. A recent meeting in Durham that discussed changes in Social Security.

SSA Further Streamlines Fast-Track Disability Application Process

The Social Security Administration is making several new changes to their fast-track disability application program that should cut waiting time in half for those with serious diseases and severe disabilities.

Social Security Claims Jump 21 Percent In 2009

Nationally, the number of Social Security disability benefits has jumped over 20 percent in the last year. Experts say that the rise in applications is a direct cause of the aging baby boomer population and the recent recession.

Abt Associates Will Consult With SSA About Future Improvements

The Social Security Administration has hired a number of research and consulting firms for the next nine years to help the overwhelmed government agency to improve their system as well as the communications strategy.

Social Security Disability Claims Expected To Jump 70 Percent In 2010

While Social Security Disability claims have been on the rise for the past several years, the Social Security Administration and disability experts predict another enormous jump in the rate of disability claims in the coming year. The SSA and others say that the tough economic climate combined with the aging generation of baby boomers is adding a flood of applications to an already strained social security benefits system.

According to Mark Lassiter, media officer for the Social Security Administration, the SSA expected 2.6 disability claim applications last year and received 3 million. In 2010, 3.3 million applications are expected. Lassiter said that those who are somewhat disabled and lose their job often put in an application in hard times and bad job markets. Also, those reaching retirement age are more prone to disabilities as they get older.

This surge in application is sure to slow down the SSI and SSDI application process even further, experts say.

Poll: 83% Think Their Social Security Disability Claim Will Be Handled Unfairly

Do you believe that your social security disability claim will be treated fairly by the Social Security Administration (SSA)? According to a new poll put out by a disability website, the answer is a resounding "no!" In the poll, which was taken by almost 400 people, 83 percent of those participating said that they did not believe that the government would take a close look at their SSDI application or make a just decision about their case or claim.

While the SSA has tried to make improvements when it comes to social security disability benefits, there is a long way to go. The application backlog is significant, and the process can take years. Some are denied based on technicalities and red tape - people with real disabilities who then have to go through a long appeals process.

In some cases, the best way to ensure that you are treated fairly by the SSA during your disability benefits claim process is to enlist the help of an experienced North Carolina social security disability lawyer.

Bank Of America Wins Lawsuit Involving Taking Fees From Social Security Disability Deposits

For over a decade, many Bank of America (BOA) customers have wondered whether or not it was legal for the banking behemoth to cut into their direct-deposit social security benefits in order to collect banking fees. In fact, a class action case involving BOA customers dating back to 1994 attempted to reclaim money taken from their SSDI and other social security deposits to pay overdraft fees.

In 2004, a court judge listened to a case involving over one million customers - many of them elderly or disabled - who wanted their money back. The judge ruled that the Charlotte, North Carolina bank repay $284.4 million in damages in addition to $1,000 to each customer who went through emotional or economic hardship.

However, this week a different judge ruled that Bank of America is not responsible for repaying similar fees to other customers in similar situations - fees that add up to over $1 billion.

Appeals Court Rules Diabetes A Disability

According to the ruling of a federal appeals court, being an insulin-dependent diabetic can be considered a disability under the Americans with Disabilities Act.

However, the three-judge panel of the 9th U.S. Circuit Court of Appeals has declined to rule whether the ADA Amendments Act of 2008 would apply retroactively to the case of the diabetic metallurgy specialist who filed suit against his former employer under ADA.

The panel, based out of San Francisco, California, ruled in early February that a district court was wrong to grant summary judgment to the Salt River Project Agricultural Improvement and Power District, the onetime employer of Larry Rohr, when he claimed protection under the ADA. The appellate court judges said that Rohr had “presented a genuine issue of material fact” that his major life activity of eating had been significantly limited due his suffering from diabetes, which raised the genuine issue of whether or not he was considered disabled under the ADA.

In 2000, Rohr received the diagnosis that he was an insulin-dependent type 2 diabetic. At that time, he was employed by Salt River, which is based out of Tempe, Arizona. He learned in 2003 that he was assigned to work for five to six weeks on a project requiring him to travel away from his office. As his condition deteriorated, he notified his employer that even though he followed a “very demanding regimen,” for controlling his illness, he required further accommodations, including not being required to engage in overnight travel, to maintain proper control of his diabetes.

Both Rohr’s personal physician and one employed by Salt River agreed that his travel should be limited. In 2004, Salt River told Rohr that his restrictions were preventing him from carrying out the essential functions of his work and gave him the options of finding another position within the company, apply for disability payments, or take early retirement.

At Rohr’s request, his doctor lifted his travel ban. However, Salt River’s doctor believed the restriction should remain in place, despite being initially opposed to the move. Rohr then applied for benefits from social security disability and filed suit against Salt River, alleging age and disability discrimination. He later dropped the age discrimination claim.

Salt River was granted summary judgment in 2006 by a district court, and Rohr filed an appeal. The appellate court panel found that being an insulin-dependent diabetic can qualify as being disabled. It also found Rohr to be a “qualified” individual, able to perform the essential functions of his job, under the ADA. The case was then remanded to lower court for consideration.

Woman Sentenced For Disability Fraud

On February 10, 54-year-old Sandy Sgrignoli was sentenced for theft of government funds after an investigation by the Social Security Administration beginning with her account being flagged by the SSA Carlisle district, said U.S. Attorney Martin Carlson for the Middle District of Pennsylvania.

According to Carlson, Sgrignoli began receiving benefits from social security disability for herself and on behalf of her child, but she failed to notify authorities that the child was no longer in her care, therefore she was knowingly receiving benefits she was not entitled to. 

Sgrignoli pleaded guilty to the charge. She was sentenced to one year probation, including the first four months of house arrest, restitution of $13,008 to the SSA, and a special assessment of $25 by U.S. Magistrate Judge Andrew Smyser.

Medicare Advisable, But Not Required

Q: I have been receiving benefits from Social Security Disability since 2003 and am now age 65. The VA provides my health care. I was sent a letter by the Social Security Administration informing me that they will begin deducting a Medicare premium from my monthly check beginning next month.

 

If I am not using Medicare, is there anything I can do to stop this deduction? I am already on limited income and this will reduce it each month.

 

A: Medicare is not required; however it is advisable for the majority of people. If you sign up for Medicare Part A, which covers 80 percent of most hospital costs, it is free. If you sign up for Part B, which covers 80 percent of most doctor charges and some tests, it is completely voluntary and costs a monthly premium that will be deducted from your benefits from Social Security. Whether you should sign up for Medicare A or B would be wise depending on exactly what you are provided with by the VA and how long it will provide care for you.

What Can I Expect From My Social Security Disability Medical Review?

Question: For the past few years, I have been receiving disability benefits from Social Security. Next month I am scheduled to have a medical review. What should I expect?

Answer: As part of the medical review, you will likely be asked to provide information concerning medical treatments and any changes that may have occurred in your condition. You may also be asked about any information on work you might have performed, if any.

After that, your file will be reviewed by a team made up of a disability examiner and a doctor, who will request your medical reports.

You may also be asked to undergo a special examination that will be paid for by the Social Security Administration. Upon completion of the review, you will be sent a letter from the SSA informing you of whether or not you are still qualified to receive benefits for disability. If the SSA comes to the decision that your benefits will be discontinued, you have the right to appeal the decision.

Can I Apply For Disability Benefits Online? Will Retirement Affect My Benefits?

Q: Can I apply for Social Security disability benefits online?

 

A: Yes, you are able to apply for benefits at www.socialsecurity.gov. Also on the site is a Disability Starter Kit provided by the Social Security Administration to aid applicants in preparing for their disability interviews and help complete the application.

 

Q: I am currently receiving benefits for Social Security disability. When I reach full retirement age, will my benefits change?

 

A: No, the amount of your Social Security disability benefits will not change, though your benefits will be referred to as retirement benefits, rather than disability benefits, for Social Security purposes. No action on your part is necessary.

Myths about Social Security Disability

This month, our library items focus on myths that circulate about Social Security Disability - how the system works, which people are denied, and why people are denied. Since many people get information about the process from neighbors, friends, and family, they are often given information that is exaggerated, skewed, or even completely false. It is even possible that legal professionals or attorneys have given you misleading or wrong advice or tips regarding Social Security Disability.

We have made an attempt to list some of the most common myths that float around neighborhood get-togethers, water coolers, and family barbeques: It's easy to win a Social Security Disability case for a child. It only takes 90 days to hear about your claim. If you have certain conditions, you are guaranteed to be approved. You can't both work and collect Social Security Disability.

Find out the answers today by reading our Library Items. If you have any questions at all, contact us today for a free consultation about your specific case. Having an experienced, specialized lawyer will vastly improve your chances of approval.

Man Loses Disability Benefits Because State Believes He's Dead

Cecil Gonzales, a man from Colville, Washington, got a shocking revelation from a letter from the government. Apparently, he died and the letter was offering condolences. The 53-year-old’s bad news didn’t stop with the news of his apparent death.

The letter also said that his household would no longer be eligible to receive his social security disability benefits, extremely bad news for Gonzales, who suffers from Parkinson’s disease.

Since August 23, when he received the letter, Gonzales has been fighting to prove that he is who he is. He found out that the problem originated with the Social Security Administration. He said that they told him it was likely that the problem was the result of someone typing in the wrong social security number.

The confusion resulted in a freeze on his much-needed food and medications. Since he receives his benefits by direct deposit, he also owes overdraft charges to his bank for withdrawing even though his funds were frozen.

Recently, Gonzales’ food and medical disability benefits have been reinstated by the state, but he is still attempting to clear things up with the SSA.

Can We Apply For More Benefits?

Question: My husband has been receiving benefits from Social Security Disability because he suffers from diabetes. A month ago, his condition required him to have his leg amputated. Can we apply for an increase in his benefits because of his condition worsening?

Answer: No. Unfortunately for you, the amount of benefits a person receives from Social Security Disability does not depend upon how severe the person’s disabling condition is. Instead, it is simply decided based upon whether or not the person is disabled. Once a person is determined to be disabled, there are several factors that help determine the amount, such as age and amount of Social Security taxes paid.

When Will Disability Become Social Security?

Question: I am on total disablity at the age of 59. At what age will this turn over to Social Security? And why do I not get a yearly statement?

Answer: The quick answers to your question are age 66 and they don’t send an annual statement to those currently receiving benefits.

There are two trust funds from which Social Security benefits are paid: the Old Age and Survivors Insurance (OASI) trust fund and the Disability Insurance (DI) trust fund. When a person receiving disability benefits reaches full retirement age, the Social Security Administration will stop using the DI trust fund for that person’s payments and move them to the OASI trust fund. The amount of money is the same as it’s essentially a bookkeeping issue. Also, because you’ll then be receiving full retirement benefits, your disability will no longer be the basis for your entitlement. This means that you will no longer have periodic reevaluations to ensure that you are still disabled and there will be no more restrictions on earnings if you feel well enough to attempt working.

As for the Social Security statement, the SSA will send these out yearly to all Social Security number holders with earnings on their records from the time they reach age 25 until they begin receiving benefits. They will stop sending them after a person becomes entitled to receive benefits. Therefore, the reason why you are not receiving them is because you are currently receiving benefits.

Woman Uses Two Identities To Defraud Social Security For 20 Years

A 66-year-old woman from Yonkers, New York has been accused of running a scam the past 20 years that has cheated the federal government out of more than $180,000 in disability and housing benefits.

On October 8, Thelma Smith was charged with two felony counts of grand larceny in connection with the scheme, according to the District Attorney’s Office of Westchester County, New York.

According to prosecutors, from 1988 until 2008, Smith, also known as Thelma Fuentes, maintained two different Social Security numbers under separate names.

The prosecutors said that Smith collected benefits from disability under one name, while working several jobs from 1995 until 2008 under her second name.

Authorities said that even though her employment made her ineligible for benefits, she collected a total of $113,798 from the Social Security Administration. She also received more than $70,000 in Section 8 housing benefits from the U.S. Department of Housing and Urban Development, though she was ineligible.

Smith’s fraud was discovered when she attempted to collect disability benefits under her second name. She faces a possible punishment of five to 15 years in state prison.

Benefits Will Remain The Same

Question: I was placed on Social Security disability in 1993 after I sustained a severe head injury. I am currently still on disability and unable to work. On my birthday this month, I will be 63-years-old. Will I stay on disability for the rest of my life, or will it become my Social Security benefit? When will that occur and will the amount of my monthly check stay the same?

Answer: If you have been on disability since 1993, then the only change that will take place is that at the time you reach full retirement age (which is age 66 for those who were born between 1943 and 1954), your benefits will be called retirement benefits. The amount will remain the same. You can find more information at the Social Security Administration’s website (www.ssa.gov).