Distribution of Economic Impact Checks and Program’s Effect on Social Security Checks

You are likely entitled to a check from U.S. government. No action needed by most people at this time – IR-2020-61, March 30, 2020

WASHINGTON – The Treasury Department and the Internal Revenue Service today announced that distribution of economic impact payments will begin in the next three weeks and will be distributed automatically, with no action required for most people…

Who is eligible for the economic impact payment?

Tax filers with adjusted gross income up to $75,000 for individuals and up to $150,000 for married couples filing joint returns will receive the full payment. For filers with income above those amounts, the payment amount is reduced by $5 for each $100 above the $75,000/$150,000 thresholds. Single filers with income exceeding $99,000 and $198,000 for joint filers with no children are not eligible.

Eligible taxpayers who filed tax returns for either 2019 or 2018 will automatically receive an economic impact payment of up to $1,200 for individuals or $2,400 for married couples. Parents also receive $500 for each qualifying child.

How will the IRS know where to send my payment?

The vast majority of people do not need to take any action. The IRS will calculate and automatically send the economic impact payment to those eligible…

More IRS Payment Info

As this virus hits our world, some segments of our society get hit harder. The unemployed and disabled are at the forefront. Our firm has long been affiliated with the Hunger Network which provides and distributes food to pantries throughout Northeast Ohio. Its Food Rescue Program is more valuable than ever, getting unused food from grocery stores or restaurants (food that would otherwise go to waste) into the hands of those in need. The Food Rescue program is based on volunteer drivers that pick up and drop off food in their cars, Uber style. Looking to help? Volunteer as a Food Rescue Hero, your efforts will go a long way towards helping those in true need.

Update April 2020 : We are glad to report that most all of our client’s legal proceedings are still moving forward, and our office is fully functioning. We recognize how difficult this crisis is for our clientele and are here to help. You, our clients, remain our top priority. We are very grateful for the hard work by our staff and our attorneys.

Social Security disability hearings are now being held by telephone, in Ohio and in many of the other states where we practice. In litigation, civil pretrials and other hearings are also moving forward, although mostly by telephone. We view this as far better than postponing any legal proceeding, as is occurring in other areas of law. Our attorneys are making arrangements for hearings or pretrials, so please make sure we have your current phone number, and perhaps a back up phone number. If we leave a message, please call or email us back. If you see an unknown number calling at your scheduled time, please answer.

We are doing what is necessary, and well beyond, to represent you, and to continue to prepare your case. However, we notice that more events, like scheduled doctor consultations, or depositions, or meetings, are being postponed.

Note that we are frequently calling our clients, and receiving phone calls and answering questions – like always. Contacting us, whether by phone (216-621-2034) or via email, is more important than ever. Email us here .

Look to our web page for more frequent updates. As always, feel free to call us regarding any of your legal questions, needs or concerns, from disability to employment to auto accidents to long term disability.

Food as Medicine is a free produce distribution program through the Greater Cleveland Food Bank in collaboration with health care facilities to improve health and wellbeing by giving access to healthy food. NEON (Northeast Ohio Neighborhood Health Services) has six different locations where produce is distributed. For times and locations of distributions see below.

NEON Food as Medicine 2020 Schedule Flyer

To learn more about the program, visit the Greater Cleveland Food Bank website: https://www.greaterclevelandfoodbank.org/programs/food-as-medicine

Congratulations to Andrew Margolius and Marcia Margolius for their selection by Super Lawyers in 2020. Andrew Margolius has been recognized in the area of employment law, and Marcia Margolius has been recognized in the area of Social Security.

Super Lawyers identifies the top five percent of lawyers in each state “to create a credible, comprehensive, and diverse listing of outstanding attorneys that can be used as a resource for attorneys and consumers searching for legal counsel.” Super Lawyers uses a multiphase process in order to select attorneys, which includes nomination, independent research, peer evaluation, and final selection. More information about Super Lawyers is available in their regional newsletter.

This recognition highlights what our clients already know: Margolius, Margolius & Associates is dedicated to advocacy on behalf of employees and the injured. Read our testimonials to hear more from our clients themselves.

The Social Security Administration allows for quick hearings or an on-the-record decision without a hearing for what is vaguely described as a compassionate allowance. These cases are often difficult to identify and prove.

The regulation states:

Compassionate Allowances (CAL)The CAL process identifies diseases and other medical conditions that invariably qualify under the Listing of Impairments (20 CFR Appendix 1 to Subpart P of Part 404-Listing of Impairments). For more information about the CAL initiative, see POMS DI 11005.604.

Most CAL cases are identified at the initial level of adjudication, but a new condition that develops later can also qualify for CAL processing. Subsequent identification, including at the hearing level, may be based solely on a claimant’s allegation or on new medical evidence of a condition included on the CAL list of impairments. The CPMS case characteristic will be added on any CAL case upon receipt or when identified by hearing office staff. CAL designations are monitored by the OHO RO to ensure the case is expedited.

Another regulation, what is called a POM, states:

The CAL initiative is designed to quickly identify diseases and other medical conditions that invariably qualify under the Listing of Impairments based on minimal, but sufficient, objective medical information. If the condition does not meet these strict criteria, it is not designated as a CAL case. For a complete list of CAL conditions, see DI 23022.080 List of Compassionate Allowance (CAL) Conditions.

There are many, many listings under this regulation identifying severe diseases, from “Adult Onset Huntington Disease” to “Zellweger Syndrome” including many cancers, some of which are inoperable.

There is the possibility that a disease you have could qualify under a compassionate allowance. Contact Margolius, Margolius and Associates so we can review and evaluate if your case can potentially be expedited.

There is also a way to get a quicker hearing date if a claimant has a critical illness. This occurs when a claimant’s illness is terminal and referred to as a “TERI case” (short for Terminally ill). In this instances the inevitably the claimant will end up passing away. Due to their sensitive time frame TERI cases are given evaluation priority for as soon as possible. Critical illness case claims will still be subject to the regular evaluation process.

The regulation states:

I-2-1-40.

Critical Cases

• A. General The Office of Hearings Operations (OHO) determines a case is “critical” and requires special processing in the following situations:1. Terminal Illness (TERI)A case is designated critical when the claimant’s illness is alleged or identified as terminal (i.e., untreatable, irreversible, and expected to end in death). TERI cases are identified by:
  • The case characteristic TERI in the Case Processing and Management System (CPMS); and
  • A TERI Flag (form SSA-2200) in a paper case, or, in an electronic case, by the “TERI flag” in eView.
  • A TERI designation may be added at or before the hearing level, and TERI designations are monitored by the OHO regional office (RO) to ensure the case is expedited. For examples of TERI situations, or more information on the situations or conditions field offices (FO) and Disability Determination Services (DDS) use to designate a TERI case, see Program Operations Manual System (POMS) DI 11005.601C and DI 23020.045 B.

The regulation however does add an important disclaimer:

• NOTE: The presence of TERI criteria does not mandate a finding of disability. An adjudicator must evaluate the claim under the sequential evaluation process.

This means that being identified as a critical case does not automatically mean your case will be approved. Social Security must still thoroughly evaluate the evidence, but the hearing, to obtain this decision, may be obtained more quickly.

If you potentially have a critical illness case that can expedite the evaluation process of your Social Security claim, contact Margolius, Margolius, and Associates to explore your options.

The Social Security Administration (SSA) is well aware of how incredibly long it takes to schedule a hearing for someone asserting disability. Disability applicants often have to wait a year and a half for this hearing, even while their funds are disappearing, they are hurting, and bills are stacking up. There is no doubt in our mind that SSA needs more of a budget to employ more judges and staff to reduce the terribly long wait time for these hearings. Many applicants will win, showing that the SSA was in error for denying these people disability benefits and unnecessarily causing these hardships.

Social Security has a program to get a quicker hearing date called “Dire Need.” This dire need program is designed to expedite a hearing if a claimant cannot obtain food or food assistance, get medical care, or is homeless.

The regulation states:

Dire Need Case (DRND)A dire need situation exists when a claimant alleges any of the following circumstances:

• The claimant is without food and is unable to obtain it.
• The claimant lacks medicine or medical care and is unable to obtain it, or the claimant indicates that access to necessary medical care is restricted because of a lack of resources.
• The claimant lacks shelter (e.g., without utilities such that his or her home is uninhabitable, homelessness, expiration of a shelter stay, or imminent eviction or foreclosure with no means to remedy the situation or obtain shelter).
• Absent evidence to the contrary, accept a person’s allegation that he or she does not have enough income or resources to meet an immediate threat to his or her health or safety. OHO employees will err on the side of designating the case critical. If a dire need situation becomes non-critical, the critical designation can be removed or modified.

You may qualify for a dire need proceeding, especially if you are homeless or about to be evicted. Margolius, Margolius, and Associates recognizes the tragedy if your housing is in jeopardy when your social security claim is being wrongfully denied. Call us if you are in a dire need situation to explore your options.

Recent articles indicate that the Trump Administration is expanding Social Security’s ability and funding to look at a disability applicant’s Facebook or social media accounts. This, however, is nothing new as Social Security has always been able to investigate issues like this. However, there is now more of a focus on this “evidence.”

If, for example, a picture on Facebook shows you walking around a mall when you have stated you have problems ambulating, it will be evidence that you can ambulate. It might even negate another picture which shows, for example, you using a four pronged cane at a birthday party. It might also show that sometimes, you need a cane, and sometimes not. Thus, Facebook pictures can be used as evidence against you yet it also seems that pictures typically won’t be used by Social Security if they support your case. This might reflect an inherent bias some may have that people are exaggerating their disabilities. It is ironic that Social Security never admits most people are not exaggerating their symptoms, or that many people actually win after Social Security has asserted for months and even years that the claimant is not disabled. It is a tragic stereotype to presume people are exaggerating their symptoms, or acting with fraudulent intent. Little mention is made in the media of the very large number of people who have legitimate disabilities who are waiting for large amounts of time for their hearing, or some people even dying before their hearing date while Social Security is saying they don’t have a disability. Instead, many simply like to focus on the bad claims.

In short though, social media pictures are fair game for Social Security, so think twice about posting a picture. See a doctor, see an attorney and recognize the best evidence of a disability comes from a medical provider.