Social Security Disability Blog

On February 20, 2013, the Social Security Administration gave notice of a new rule on how a claimant’s use of drugs and alcohol affects their disability claim.  Generally, use of drugs and alcohol will strongly undermine a clam for disability.  However, the issue gets complicated when people self medicate, and when people have conditions that would be disabling regardless of whether there was any drug or alcohol usage. The new regulation ( SSR 13-2p ) addresses these issues stating clearly that the Social Security Administration will still examine whether drug addiction or alcoholism is a contributing factor material to the determination of disability, and whether More...

Your Social Security check will no longer come via snail mail starting March 1. In less than two months, the government will stop sending paper checks for Social Security, disability and other benefits in an effort to cut costs. Instead, the Treasury Department will distribute funds electronically, either via direct deposit or on a prepaid “Direct Express” card. Around 93 percent of recipients currently receive their payments electronically, but 5 million checks are mailed each month, according to the Treasury. Paper checks cost the government about $4.6 million per month, CNN Money reported. Over the next 10 years, that total cost to taxpayers would add up More...

Quick Facts on Social Security’s 1.7% COLA for 2012 The Social Security Administration has just announced that retirement and disability beneficiaries will receive a 1.7% cost-of-living adjustment (COLA) beginning in their January 2013 checks. Social Security benefits are automatically adjusted to keep up with the cost of living. Key points from Social Security’s release: The 2012 COLA will be 1.7%. That compares to a 3.6% increase for 2011 and no increase at all for 2009 or 2010. This 1.7% increase will take effect for the December benefits, which are payable in January. The COLA calculation is based on the Consumer Price Index for Urban Wage Earners and Clerical Workers (CPI-W), which is produced by the More...

THE ADA, THE DISABLED, AND THE UNEMPLOYED. The Americans with Disabilities Act (ADA) was signed into law 22 years ago.  Great strides have been made – buses and buildings are now accessible, the disabled have employment protections- but more still needs to be done. In this time of economic struggle, the disabled continue to be hit  hard : More than one-half of Americans with any disability are unemployed and more than 70 percent with significant disabilities are unemployed; During the recent recession the non-disability work force shrank 2 percent, while the number of working disabled fell over 10 percent; and Only 5 percent of the More...

On December 19, 2011, the Office of Disability Adjudication and Review (ODAR) instituted a new policy in which the identity of the Administrative Law Judge (ALJ) assigned to a claimant’s case will not be revealed until the day of the claimant’s actual hearing. It appears that the reason for this new policy is in response to representatives objecting to certain ALJ’s, specifically some of the ALJs at the National Hearing Offices, and some abuse by a particular national (1-800) law firm. This policy is an attempt to deal with a very specific problem but now creates a new set of issues.  Generally speaking, if a hearing is More...

The Social Security Administration has just announced cost-of-living increases for 2012. There will be a 3.6 percent cost-of-living increase in Social Security benefits effective December 2011.  This occurs after no increases since 2009. As a result of this increase,  other benefit rates, values and costs will increase for 2012: 1.    The maximum  Supplemental Security Income (SSI) monthly benefit amounts for 2012 will be $698 for an eligible individual, $1,048 for an eligible individual with an eligible spouse, and $350 for an essential person; 2.    The monthly exempt amounts a retiree can earn for taxable years ending in calendar year 2012 will be $1,220, for years prior to the year in which a person More...

Olga Lombardi, a client of Margolius, Margolius, & Associates, spoke with a well known financial planning magazine about the importance of hiring an authorized representative to help you pursue a Social Security Disability claim in a recent issue of Kiplinger’s Retirement Report. Ms. Lombardi won her case with the help of Margolius, Margolius, & Associates after being denied twice by the administration. Marcia Margolius was also quoted in the article. To read the article, please click on the link below. For more information: Hire a Pro When Filing a Disability Claim More...

The Cleveland Social Security hearing office is moving to a new location in Tower City. The Office of Disability Adjudication and Review (ODAR) will now be located at the Skylight Office Tower in Tower City Center. Their new address is: Office of Disability Adjudication and Review 1660 West 2nd St Room 500 Cleveland, OH 44113 For a layout of Skylight Office Tower and directions to the new ODAR office, please follow the link below. Skylight Office Tower layout and ODAR office directions More...

The Supreme Court issued an opinion on May 16th entitled Cigna Corp. v. Amara which lends itself to a series of differing interpretations.  The Long Term Disability law, ERISA, often has rules which greatly favors insurance companies over individual rights, including very deferential standards of review for the denial of LTD benefits.  The Amara case involved errors and misstatements to Cigna employees about the extent of their pension plan rights. While the Supreme Court reversed the Court of Appeals in favor of Cigna, it felt that a different part of the law (29 USC 1132(a)(3) allowed employees to seek equitable relief if no other portion of the statute specifies More...

While many people apply for Social Security Disability, there is both information and dis-information out there about how the process works and when benefits are awarded.   Whether people get information from the internet, or stories from friends and family, or even the government, some of the misconceptions only serve to frustrate, intimidate, and deter people deserving of help. While it is true that navigating the bureaucratic maze that Social Security has constructed can be difficult at times, the benefits are there for those who qualify and it is imperative that you don’t give up. Having someone fighting for you, defending your rights, and making sure More...