Social Security Disability Blog

Is your child eligible for SSI? SSI is an abbreviation for Supplemental Security Income. This benefit is available for children (like adults) who suffer from a severe medical impairment. The impairment, or medical condition, must significantly impact the child’s ability to grow, function, or learn. The first step in evaluating if your child is eligible for SSI is to address financial eligibility. SSI is a needs-based program and financial eligibility guidelines depend upon the household income (if any), the type of household income it is, and how many individuals reside within the home. Once this parameter is met, and financial eligibility is established, the severity More...

Typically, we think of disabled individuals as those who are unable to work due to medical conditions. This is also how the Social Security Administration’s regulations define disability at the basic, fundamental, level. CFR §404.1505. Social Security has a series of established guidelines that are commonly referred to as the “grid rules.” These rules allow select individuals to obtain disability benefits without having to prove that they are unable to engage in full-time work activity. These grid rules take into consideration a person’s age, work history, and educational background. Generally speaking, these guidelines favor individuals who are approaching retirement age, and whose work history consists More...

A new proposed rule published in this month’s Federal Register could affect the monthly benefits of Supplemental Security Income (“SSI”) recipients. Currently, SSI recipients receive a reduced payment if they are regularly provided meals or housing by a third-party. More...

A recent Forbes article highlighted the complicated choices facing individuals who receive disability benefit, but who wish to attempt to return to work. In an effort to encourage individuals to attempt to return to the work force, the Social Security Administration instituted the Ticket to Work Program (“TTW”) in 1999. The TTW allows for individuals to work for a limited time period without automatically losing their disability benefits. More...

Update: The Social Security Administration has been taking small steps towards normalization. At present, only telephone and video hearings are available and many employees are still working from home. The Administration has indicated that it is moving towards more in-person hearings, but no timetable has been provided. The Courts in Ohio and elsewhere are on a similar track, although many have incorporated, and are now reliant on, video services such as Zoom and Microsoft Teams to allow for remote hearings. This has proven to be more efficient with less waiting and travel time for the litigants and counsel. Depositions and mediations are more frequently being More...

The effect of a disability on one’s normal activities is an element of damages in most litigation cases. It has vital importance in disability cases. At Social Security hearings, you will typically be asked about your typical at-home activities. This inquiry is a constant in Social Security law, and is needed by a Judge to determine the client’s baseline level of activity at home, to see how that translates to potential work activities. The inquiry often is intrusive, with questions directed to whether the claimant goes grocery shopping, does yardwork or household cleaning, travels or exercises. A portion of a judge’s decision is usually directed More...

The timing in determining when to hire an attorney is often a difficult decision for an individual. Some claimants wait too long and often face a multi-year delay or have a hearing where no additional evidence is allowed. It is not required to have an attorney or representative to apply for Social Security Disability benefits. Yet an attorney often allows for faster and more successful resolution of a claim. Moreover, too many individuals, their claims seem far easier than it actually is. The Social Security Administration conducts an analysis where they look at a person’s age, vocational background, skills, and diagnoses and treatment, and often More...

The ongoing COVID pandemic has affected everyone’s lives over the past 20 months or so. Even those who did not suffer from the disease often had friends or family who did, or had employment interrupted or affected. Prices seem to continue to spiral upward in this environment. The day-to-day disruptions to all of our lives continue to this day, and will do so in the future as well. For those employed, for those unemployed, for those who have new or ongoing litigation issues, and for those pursuing benefits for disability, the pandemic has brought added changes and challenges. As to the disease itself, our attorneys More...