Social Security Disability Blog

An important part of disability law – and your own health needs – is reliance upon the advice of your physician. Their medical opinions are vital, both personally and from a legal standpoint. Until recently, your doctor’s medical opinion on your limitations and abilities was given high priority, or a presumption of validity in legal jurisprudence. More recently however, the current administration and the Social Security Administration have reduced the value of your treating physician’s opinions. SSA now can substitute the opinion of a consulting doctor who may examine you once, or perform a simple paper review of your medical records. The traditional case law… Continue Reading Treating Physician’s Role Diluted at Disability Hearings More...

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… Continue Reading Distribution of Economic Impact Checks and Program’s Effect on Social Security Checks More...

An article about resources for those in need of social services during the pandemic by Margolius, Margolius & Associates, a Cleveland Social Security law firm. Continue Reading Food Pantries, Social Service Organizations Respond to Pandemic More...

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… Continue Reading Coronavirus Update for Our Clients More...

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 More...

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.… Continue Reading Andrew Margolius and Marcia Margolius Recognized as Super Lawyers in 2020 More...

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… Continue Reading Compassionate Allowance More...

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… Continue Reading Critical Illness Cases Can Be Expedited More...

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… Continue Reading Dire Need Cases More...