Social Security Disability Blog

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… Continue Reading FOCUS: Activities of Daily Living Analysis 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… Continue Reading When You Should Hire a Social Security Disability Attorney 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… Continue Reading Covid-19 in Litigation and Social Security Disability Settings More...

It may be worth reminding people about some of the different standards of law we face. Most civil cases, such as car accidents, employment cases, or contracts, operate under a “preponderance of the evidence” standard. This often is referenced as needing 51% of the evidence in your favor, or showing a greater than 50% chance that the claim is true. Criminal cases require proof beyond a reasonable doubt, which is a much higher standrd but has no exact definition. That standard, however, has never been defined by the United States Supreme Court. See Thomas v. Arn; 1 Sand et al., Modern Federal Jury Instructions (1991)… Continue Reading Legal Standards to Prove A Case More...

Social Security and Supplemental Security Income (SSI) benefits for approximately 70 million Americans will increase 5.9 percent in 2022. The 5.9 percent cost-of-living adjustment (COLA) will begin with benefits payable to more than 64 million Social Security beneficiaries in January 2022. Increased payments to approximately 8 million SSI beneficiaries will begin on December 30, 2021. (Note: some people receive both Social Security and SSI benefits). The maximum amount of earnings subject to the Social Security tax (taxable maximum) will increase to $147,000. The earnings limit for workers who are younger than “full” retirement age (see Full Retirement Age Chart) will increase to $19,560. (SSA deducts… Continue Reading Cost-of-Living Adjustment (COLA) Information for 2022 More...

The process for filing disability under all three state systems is quite similar. To file, you would contact your retirement system and ask for a disability application packet to be sent to you (the OPERS application is available online at www.opers.org/disability). All applications require that your Attending Physician certify your disability on a specific report form and that your employer complete a report regarding your prior employment. You will also need to provide information regarding your disability and why you feel you are unable to continue working. If you have worked in more than one of the three systems, you must file in the system… Continue Reading School Employee, Teacher and Public Employee Disability Benefits: When Do You File and What Should You Know? More...

Update: A semblance of normalcy is returning to litigation and legal issues throughout the country. Once dormant, litigation is slowly returning to a more normal status. As before, Social Security disability hearings continue to occur, mostly by telephone. The administration is conducting some hearings by video as well. In most all legal forums, if individuals do not have video capabilities on their phone, iPad or computer, then telephone or in-person accommodations are available. Long term disability claims are being processed at pre-pandemic levels. Still, many insurance carrier employees are working remotely and communication delays may occur. Employment litigation and personal injury claims are proceeding forward… Continue Reading News Relevant to Your Legal Issues More...

Per tax experts at AARP, Social Security disability benefits may be taxable, “depending on two things: the type of disability benefit you get and your overall income.” It depends, to some extent, on whether you receive SSI or SSD: “Social Security operates two benefit programs for people with disabilities: Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI). SSI is cash assistance for disabled, blind and older people with low incomes and limited financial assets. Social Security administers the program, but money from the U.S. Treasury, not your Social Security taxes, pays for it. SSI payments in 2021 max out for an individual at… Continue Reading Are Social Security Benefits Taxable? More...

[Many of you have requested a reprint and update of the time involved before SSA hearings are scheduled.] A large problem with Social Security disability claims is the delay in getting SSA to decide cases. After the initial application and reconsideration, these delays have historically led to undermining some of the program’s purposes. Some delays had previously averaged 1.5 to 2 years or more. Waiting for your SSA hearing causes hardship, financial insecurity, reduced access to healthcare, and emotional turmoil. MMA has always pushed to reduce this delay by urging the hiring of more ALJ’s and staff, and avoiding undue legal burdens in obtaining benefits.… Continue Reading Average Wait Times for Social Security Hearings More...

We at Margolius, Margolius and Associates are proud of our attorneys and staff. Our highly experienced attorneys are Rigel Ariza, Michelle DeBaltzo, Emily Gilbert, Markus Lyytinen, Michelle McFarland, Paul Newendorp, Jennifer Hanselman Regas, and, of course, Marcia and Andrew Margolius. Our staff and case workers are also highly valuable. They are Valarie, Valerie, Lisa, Angela, Sue, Denise, Tamika, MaryAnn, Sara, Nancy, Donna C. and Donna J. And our receptionist, Debbie, is the valuable conduit for all communications. We value them all. We have lead attorneys on your case but use a team approach. This team approach includes you, and we value your inut and insight.… Continue Reading The MMA Law Firm: Our Staff and Our Attorneys Are Our Biggest Assets More...