Orange County Social Security Disability Attorney | California SSD Lawyer

Don’t delay filing for reconsideration of a SSDI denial

On behalf of Bohm Matsen, LLP posted in SSD Appeals on Monday, May 13, 2013.

Millions of people apply for Social Security disability insurance (SSDI) benefits every year. Recently, the increase in applications has resulted in much new coverage of the growth of the program and the financial issues the Social Security Administration (SSA) face. The trust fund that pays benefits will be exhausted in the next few years and Congress will need to make changes to either the supporting taxes or the benefits.

The SSDI program also faces problems in handling the influx of applications it receives. The ever-present backlog, that the SSA had once managed to begin to reduce, has shown signs of increasing again. The agency has been criticized for its handling of the problem by both opponents of the program, who allege many claims are fraudulent; to disability advocates who note that the payment of benefits to genuinely disabled persons are needlessly delayed by the backlog and appeals.

Disability claims of veterans plagued by backlog

On behalf of Bohm Matsen, LLP posted in Social Security Disability Eligibility on Friday, May 10, 2013.

Much service in the military is hazardous, even without a war going on. Servicemembers who work around Apache and Blackhawk helicopters, Abrams tanks or flight decks of aircraft carriers know there are dangers and risks of severe injuries and death every day in the ordinary course of their duties. Move that dangerous equipment to a combat zone, were enemy combatants are actively attempting to do harm, the risk can increase dramatically.

This is why it is tragic that many injured servicemembers return to the states disabled, in critical need of disability benefits and they are stuck waiting. And waiting. And waiting. The Department of Veterans Affairs (VA) has a problem, much as the Social Security Administration (SSA) has with its disability benefit programs. A massive backlog.

SSI assets limits overdue for an increase

On behalf of Bohm Matsen, LLP posted in Supplemental Security Income (SSI) on Tuesday, April 30, 2013.

Supplemental Security Income (SSI) is a program that few have heard of, and many confuse it with Social Security disability insurance (SSDI). While it is administered by the Social Security Administration, the SS in SSI stands for supplemental security, as the program is designed to provide benefits to low-income persons. This benefit is different from SSDI, in that it is not necessary to have worked to be eligible. However, unlike SSDI, SSI is means tested, so if you earn too much income or have too many assets, you won't be eligible.

There are other requirements, such as being a U.S. citizen, and if you are blind, disabled or older than 65. The specific requirements are listed at the SSA's website, but if you need to apply, speaking with a SSI attorney can be helpful, as they can explain the program and application form and help see that everything is properly filled out and that you have any necessary documentation.

Do SSDI administrative law judges have enough time to decide appeals?

On behalf of Bohm Matsen, LLP posted in Social Security Disability Eligibility on Tuesday, April 23, 2013.

The integrity of a judicial process is always paramount. One can only have confidence in a justice system, if one believes the judges are making decision on the merits of each case. This is true of administrative judicial proceedings like those within the Social Security disability insurance (SSDI) system. Beneficiaries and taxpayers can only trust the system if all the parts of the decision process are operating properly and with integrity.

When an applicant submits a disability claim for SSDI benefits, the claim is first processed by benefits reviewers. If they deny the claim, as they do about 70 percent of the time, the applicant may then appeal that decision. That appeal goes to an administrative law judge (ALJ), who is employed by the Social Security Administration (SSA). The ALJ has to review the complete file of the applicant, including all the supporting documentation.

Tempest in a teapot: "shocking" SSDI fraud

On behalf of Bohm Matsen, LLP posted in Social Security Disability Eligibility on Wednesday, April 17, 2013.

SSDI makes good copy right now. The program has grown in size and the "trust fund" for the program is expected to be exhausted in the next few years, if Congress does nothing, something they have a great deal of experienced doing. As with most large programs, people begin claiming that the program is chock-a-block full of fraud. That is always the explanation, not that there are real people with real disabilities who are filling the program.

Because, of course, if there is lots of fraud within SSDI, that fraud gives Congress an excuse to fail to correct the funding inadequacies or make actual cuts to the program. This is often the real agenda of the critics. Take this recent example from a television news program, which decried the "shocking" fraud discovered in Utah. Social Security's office of the inspector general and the Utah Attorney General's office investigated 368 cases of alleged fraud in connection with the SSDI program.

Do they really want to "fix" SSDI?

On behalf of Bohm Matsen, LLP posted in Supplemental Security Income (SSI) on Monday, April 8, 2013.

When most people think about applying for SSDI, they probably do not think of themselves as "gaming" the program. While its benefits are welcome and for many, a lifesaver, they are hardly of such magnitude that most people would willing accept them if they had other options. More puzzling, it is hard to understand the tendency of many writers on the subject to characterize the inclusion of more medical conditions as disabling as being inherently a sham, as if severe depression or chronic migraines are not really disabling.

In a recent Forbes article, the writer places the word disabled in quotes and notes "many able-bodied Americans have been granted government paychecks for life." Really? While they may not all suffer from an obvious disability, i.e. they are not quadriplegics in a wheelchair, it is offensive that many see the fact that the program is growing and conclude that the only reason it could grow is because Americans are "gaming" SSDI.

Children with autism may be eligible for SSI benefits

On behalf of Bohm Matsen, LLP posted in Supplemental Security Income (SSI) on Tuesday, April 2, 2013.

April 2, 2013, is World Autism Awareness Day, designed to help raise awareness of the challenges faced by children and families with autism. The disorder is difficult in so many ways. There is no simple diagnosis. There is no simple treatment. Typically, it is diagnosed at a young age and for parents, it can bring confusion, frustration and a sense of powerlessness.

And financially, it can be devastating. Fortunately, California requires that insurers provide coverage for autism. In states that do not, parents are left attempting to cover all the associated expense out of pocket. The expenses can be variable; it may cost hundreds or thousands of dollars per month. Because of the disabling aspects of autism, your child may qualify for Supplemental Security Income (SSI) benefits.

The more complete your SSDI application, the faster the process

On behalf of Bohm Matsen, LLP posted in Social Security Disability Eligibility on Thursday, March 28, 2013.

An application for a benefit from a program like Social Security disability insurance (SSDI) is complex, not merely for the sake of complexity, because most have a relatively complex life history. The complexity is also used to prevent fraud, as disability programs often make easy targets for accusations of fraud, because it is always possible to find a few examples of within a program with millions of beneficiaries.

To prevent fraud, the Social Security Administration (SSA) has developed a rigorous application process that demands a depth and complexity of information that matches applicant's history and experience. This is why 60 percent of SSDI applications are denied. The problem for most people is that they do not go through life thinking that at sometime in the future they will be disabled and that they should be accumulating educational, medical and work history as they go, in anticipation of that event.

A potential means of helping workers off SSDI

On behalf of Bohm Matsen, LLP posted in Social Security Disability Eligibility on Wednesday, March 20, 2013.

Critics of Social Security disability insurance (SSDI) have argued that one of the problems with the program is that it "encourages" people to use the program as a last resort after their unemployment benefits have run out. Further, it is alleged, people remain in the program long-term, because they are not permitted to work, and if they do, they lose their benefits.

Given that it is a disability program, it is unsurprising that most people receiving benefits tend to stay. But it is possible that the program could be modified to help those with disabilities to obtain some types of employment. This would not be a simple task, but it would more properly align SSDI with other more modern laws, like the Americans with Disabilities Act (ADA), whose purpose was to provide greater workplace opportunities to people with disabilities.

Is a Chained-CPI for Social Security really a good idea?

On behalf of Bohm Matsen, LLP posted in Social Security Disability Eligibility on Wednesday, March 13, 2013.

With sequestration and the potential looming crisis of the debt ceiling and another fiscal cliff, problems with the budget and federal spending appear to be never ending. While Social Security was unaffected by the most recent events, the growth of programs under the Social Security Administration will continue to receive a great deal of attention. There are inexorable factors driving the growth of programs like Social Security disability insurance (SSDI) and short of the elimination of coverage for certain diseases or medical conditions, the spending on SSDI will continue to grow.

But Congress is always looking for savings or a way to cut expenses while announcing in Orwellian tones that it is "enhancing" a program. As we have discussed, the latest sleight of hand proposed is the use of a chained consumer price index the check the growth of programs like SSDI. This one of those areas where the suggestion seems to make sense in a mathematical sense, but the real impact is less sanguine.

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