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  There are many steps or stages of a Social Security disability claim. And there are several agencies involved in processing and deciding your claim. You will encounter the Social Security Administration (SSA), a federal agency, and also the Disability Determination Service (DDS), a state agency. Later, you will probably encounter an administrative law judge (ALJ) from the Office of Hearings Operations (OHO), which is the appeals branch. The first step is with your local Social Security office, called a field office. You will either file an application by telephone or complete the application online. This office is responsible for assembly of a folder that contains all of your forms, signatures, releases and history. Once this is complete, you will be forwarded to a state agency. The next step is at the Disability Determination Service (DDS). This is a state agency which works under contract with Social Security to process disability claims. The DDS will order and evaluate...

Each year, the Social Security Administration reviews the national economy to see whether a Cost of Living Adjustment (COLA) is needed for those receiving benefits.  This usually results in a small increase in payments to Social Security recipients.   The increase for 2021 will be 1.3 percent.  For a person receiving $1,500 per month in 2020, the ceck will increase to $1,519.50. The idea behind COLA is to help keep up with inflation so that the purchasing power of benefits is not diminished.   Here is a related question we often get:  I began receiving disability benefit before I was full retirment age.  When I become retirement age will my benefits increase?  The answer is usually no.  When a person becomes disabled, Social Security awards their retirement benefits early in the form of disability benefits.  When the beneficiary turns full retirement age (usually about 66 and one-half), the benefit converts to a retirement benefit b...

  Social Security is a very misunderstood federal program.  The better you understand it, the better it can work for you. 1.  Social Security is a federal insurance program sponsored by the US Government. 2.  It has several parts, including old age pensions (retirement), disabled workers benefits, widows benefits and benefits for dependents, among some of them. 3.  Not everyone is covered by Social Security disability insurance (SSDI).  You are usually covered if: You have worked and earned sufficient "quarters of coverage" under the regulations. You have worked at least 5 out of the most recent 10-year period. 4.  You must pay for Social Security disability insurance (SSDI).  You pay by working and having SSDI and Medicare tax deducted from your paycheck.  It's called FICA withholding.  This is what funds Medicare and Social Security.  Over 12 percent of all taxes paid by Americans go into the Social Security disability trust funds...

COVID-19 has changed Social Security and the Disability System.  The agency is trying to adapt to a new set of procedural rules required by the pandemic.  Here are some of the changes. 1.  SOCIAL SECURITY OFFICES ARE CLOSED.  You can no longer visit any Social Security office in the United States.  They are closed to the public and doors are locked.  You may still conduct business by telephone, on a limited basis, or on the internet at www.socialsecurity.com. 2.  YOU CANNOT HAVE AN IN-PERSON HEARING.  Currently hearings before administrative law judges (ALJs) are only held by telephone conference call, not in person.  The judge, the claimant, the representative and the vocational witness all appear via telephone. Rumor has it that they will try to switch from telephone hearings to video hearings by December, 2020.  We'll see. 3.  MANY SSA EMPLOYEES WORK FROM HOME.  Many employees of the Social Security Administration, including...

  al·le·ga·tion / ˌaləˈɡāSH(ə)n / Learn to pronounce noun   In   law , an   allegation   is a claim of a fact by a party in a pleading, charge, or defense. Until they can be proved,   allegations   remain merely assertions. In Social Security cases, claimants allege certain things:  they are not able to work, they can only sit for 30 minutes, stand for 15 minutes or walk for 5 minutes.  These are examples of common allegations.   Before they have any validity, however, allegations must be proven or supported with strong evidence.   Allegation:  "I can only lift my right arm to shoulder height; I can't lift it above my head." Proof :   We have an MRI of the left shoulder which shows a torn rotator cuff and severe degenerative arthritis in the joint of the right shoulder.  Also, the claimant has presented to an orthopedic physician at least 6 times complaining of severe pain and limited range of motion in the right shou...

  When preparing clients for Social Security disability hearings, it can be a struggle to keep them focused on things that matter.  There are certain things that simply have no relevance to Social Security and gong into them will not help win your claim.  There must be 500 "things that don't matter."  But I only have time for 6 of them: It Doesn't Matter How Bad You Need the Money .  You may be tempted to tell Social Security that your home mortgage or rent is 3 months past due, that you are about to have your car repossessed, or that you can't buy school supplies for your kids.  However, Social Security is not a needs based program.  It only matters if you meet their definition of "disability" based on your age, education, past work experience, and residual functional capacity (what you are able to do). It Doesn't Matter How Other People Got Approved .  Please avoid statements like:  My neighbor (sister, brother, friend, uncle) isn't nearly...

  Seniors fall victim to criminal scams 500,000 times a year, 5 times more often than younger persons. There's an infinite variety of scams going around but here are 6 of the more common ones in 2020. SCAM 1.   SOCIAL SECURITY CARDS .  Someone claiming to an employee or "officer" of Social Security calls to say that your Social Security card is involved in fraudulent activity, or your card has been suspended.  They need for you to confirm your Social Security number for them.  They may ask you to wire or send money.  These are always scams. Don't give these callers your Social Security number.  If it really was Social Security, they would already have your number.  And the real Social Security people will never ask for money or payments over the phone.   SCAM 2:  LOTTERY OR SWEEPSTAKES .  A caller says you have won, or are about to win a lottery or sweepstakes involving a lot of money.  However, there is a fee or "tax" that mu...

  During a disability hearing, the claimant will talk a lot and answer a lot of questions.  Some of the judge's questions may not be what you think they are.  I call them "trick questions," but they're questions that have a less than obvious purpose.  I am here going to interpret these questions, thinking the way a judge thinks. 1. Question:  Tell me how your most recent job ended.  Did you quit, get fired or laid off? Interpretation:  I want to know if you stopped working for some reason besides disability .  If your company hadn't closed, or if you hadn't been fired, would you still be working there?  If so, you are not really disabled.   You stopped working for some reason besides disability.  Social Security doesn't pay for any other reason. 2.  Do you smoke? Interpretation:  Unless you have COPD or a chronic respiratory illness, I really don't care if you smoke.  I'm just trying to see if you will lie to me or if...

  Many times a doctor really believes that his or her patient is disabled and needs Social Security benefits.  The doctor trys to help by writing a letter of support.  Often, these letters are of no value and can't help the claimant.  Here's why. 1.  Doctors don't know the Social Security rules. Their letter fails to tell Social Security what they need to know. 2.  Doctors often think they must conduct special tests in order to give an opinion on restricted function.  This is not true.  The forms we use ask for an OPINION (not measurement) based on the doctor's longitudinal treatment, examinations and observations of the patient.  No special tests are desired. 3.  The doctor draws a conclusion that he or she is not permitted to state under the regulations.  Doctors commonly write, "This patient has congestive heart failure, asthma and COPD and in my opinion is totally disabled and can't do any work." This opinion is invalid for 2 r...

  When you take your Social Security disability claim to hearing before a judge, there are 3 legal approaches you may try.  Not all approaches are available to every claimant.  Much depends on your age, past relevant work, education and residual functional capacity (restrictions).   Here are the 3 possible ways to be approved: 1.  Prove that you meet or equal a Listing.  Listings are specific medical impairments along with severe symptoms which Social Security will approve and pay automatically.  It isn't enough to be diagnosed with one of these conditions, you must also meet the severity of symptoms shown for each impairment. Only an approved medical source, such as a medical doctor of licensedf clinical psychologist, can certify that you meet a listing.   Note:  Most claimants who qualify for benefits will not meet a Listing.  Before you try to use this approach, become familiar with the Listings in Social Security's Blue Book at ...