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Recent Blog Posts
How to Speed Up an Application for Disability, Part 1
One of the most frequently asked questions my clients come to me with is how they can speed up their application process for Social Security Disability Insurance (SSDI). And, I always answer the question with a very long drawn out sigh. If you recall in my post, "The Terrifying Backlog at ODAR," most SSDI claims last a very long time and sometimes from start to finish the case can last for over a year and a half. Due to the combination of a very long backlog at ODAR and the complexity of the SSA disability process, it is very difficult to speed up an SSDI application and can be done only in limited circumstances. Those limited circumstances where SSA will specifically speed up applications are for only very rare and serious fatal forms of cancer and a few other terminal/fatal illnesses.
If it is really rare that SSA will speed up an application, it is important that you do your part to not slow the application process down. One way you can prevent this from happening is by hiring a claimants representative or attorney who specializes in Social Security disability cases to assist you in your case. Only hire someone who will actually help you make application. Most claimants representatives and attorneys will not help you make application because it takes so much time and effort. Often times claimants go online and fill out an application and think they have completed the Social Security application process. Unfortunately, this is often not the case. The proper and complete application consists of three items: the application, Adult Disability and Work History Report, and a properly executed and delivered copy of the Authorization to Disclose (SSA Form 827). Without all three items completed and received by the SSA, they will not even begin to evaluate the claim. By hiring an experienced claimants representative or Social Security disability lawyer to work on your claim, your application will be initially started with the very best possibility to win your claim.
Whirlwind Wheelchair Technology Update
Whirlwind Wheelchair International of San Francisco State University, who are known for helping people with disabilities make cheap and reliable wheelchairs have recently come out with their new Rough Rider wheelchair. What impressed me most was not just the advanced functionality, but how reasonable the price is for the item. Video below.
EEOC Approves ADA Regulations for Public Comment
On Wednesday, the United States Equal Employment Opportunity Commission (EEOC) took a major step towards broadening their definition of "disability" to be consistent with the original intent of the Americans with Disabilities Act (ADA) of 1990. The original intent was to prohibit employment discrimination against individuals with disabilities. To expand upon the that original intent, Congress had already passed The ADA Amendments Act, which went into effect on January 1, 2009, to specifically make sure that all individuals deemed to be disabled are protected in the workplace. The EEOC since January however, had not changed their own regulations to be in unison with the ADA.
In fact, in recent years, EEOC's regulations and U.S. Supreme Court precedent have offered very narrow interpretations of what it takes to be disabled. As a result, EEOC and the U.S. Supreme Court have received public outcry for those interpretations. Most notably, public outcry has been the greatest for those individuals with impairments such as diabetes, epilepsy, cancer, bipolar disorder, muscular dystrophy and others who have been prevented from bringing their employment claims to court even though they would constitute as disabled under the ADA. The public outcry prompted Congress to direct the EEOC to approve ADA regulations and on Wednesday the EEOC announced their initial move to do so.
Don't Forget Your Ticket to Work
Thousands of Americans are deemed by the Social Security Administration (SSA) to be disabled every year and accordingly receive Social Security Disability Insurance (SSDI), Supplemental Security Insurance (SSI), or both. The misconception among the many who receive Social Security disability benefits is that after receiving those benefits they have to stop working. The common fear is that working will cause them to lose their Social Security disability benefits. While it is true that in some circumstances working can cause the SSA to stop giving out disability benefits, most people that I have talked to have never heard of the government sponsored Ticket to Work Program.
The Ticket to Work Program was a response by the government to all of the barriers that were originally created to stop people with disabilities from working. Ticket to Work was created as part of the Ticket to Work and Work Incentives Improvement Act of 1999. The goal of Ticket to Work according to SSA was to increase opportunities and choices for Social Security disability beneficiaries to obtain employment, vocational rehabilitation, and other support services from public and private providers, employers, and other organizations.
Times Are Changing And So Has Social Security
(The picture to the left is of Ida May Fuller receiving the very first Social Security check)
I read a very sad story in the New York Times the other day about the late Eric De La Cruz, who apparently died of a severe dilated cardiomyopathy (an abnormally large heart), and the article told the story of his sister and her efforts to speed up the Social Security disability hearing process so he could be covered by Medicare. Unfortunately, his sister's mighty efforts did not speed up the lengthy Social Security process. If you want to read the article, click here.
After reading the Eric De La Cruz article, it really got me thinking and questioning whether there was ever a time when Social Security really paid off as an "investment." After some thorough research, I came across Ida May Fuller. On January 31st, 1940, Ida May Fuller, of Ludlow, Vermont received the very first Social Security check from the government totalling $22.54. The amount is not what is interesting, rather the amount that she put in. According to the Social Security Administration, Ida worked as a legal secretary for three years and put a total of $24.75 into Social Security. Because she lived till she was 100 years old, Social Security paid her a total of $22,888.92. That means that by the time of her death in 1975, the government had paid Ida a mind boggling 924 times the amount of money she put in the system!
Disability Technology News Update
Students from Buenos Aires, Argentina recently developed new eye-mouse computer technology for the disabled and it is relatively cheap and available to all
SSDI v SSI
I was on the phone yesterday with a potential client who asked me "why would you apply for SSI and not SSDI or both for me?" Since this is the third time recently that I have been asked why I apply for a certain Social Security benefits program over the other, I think it is important for me to go over the similarities and differences of both programs. In addition, I'll delve into the possible scenario where a claimant can receive benefits under both programs.
Social Security Disability Insurance (SSDI) as the name suggests is a payroll tax-funded federal insurance program of the government and managed by the SSA. Eligibility is based on work history and the benefit amount is based on earnings. The benefit generally increases as the amount that you have paid into the insurance increases. Something I often have to be clear on is that it is NOT based on need or affected by other income or resources. According to the SSA, a claimant qualifies for SSDI if: "they have a physical or mental condition preventing them from engaging in any substantial gainful activity, the condition is expected to last at least 12 months or result in death, they are under the age of 65, and generally have worked 5/10 years as of the determined date of onset of the disability." SSA
Dr. Wes: Do Social Security Workers Make More Than Doctors?
I have often wondered whether medical doctors are compensated for their requests to fill out government forms and send in impairment assessments. Doctors are not only held to a higher standard when lending medical advice and treatment, but often times have to fill out and submit third party forms and requests with a similar standard of care. I came across a blog earlier this morning which specifically expressed frustration with the above topic...Dr. Wes: Do Social Security Workers Make More Than Doctors?
The Terrifying Backlog at ODAR
The National Organization of Social Security Claimants Representatives (NOSSCR), which can be found at NOSSCR.org, issued a report recently on the extent of Social Security's case backlog. You can click on each picture to get an idea of the backlog and average time per region/city. As daunting as the backlog appears, we can only hope the Commissioner's plans to reorganize the ODAR headquarters can improve the rate that claims are followed through. Below were his words of encouragement:
In order to provide better service to the American people by making better and faster decisions, the reorganization of ODAR headquarters will take effect in October. We are also reviewing the ODAR Regional Office structure. We expect to implement the regional office reorganization during FY 2010.
You are all doing a great job - and please know that you make an important difference in people's lives every day. We are on a good path for reducing the disability backlog by 2013. Due to the recession and because we continue to be in the disability prone years of the baby boomers, we know that FY 2010 and FY 2011 are going to be difficult years. However, please know that all of our hiring and space expansion activities this year have been in preparation for this coming bulge.
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