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Eligibility for a Social Security Disability Claim

Oct 15, 2016 @ 10:42 am | Social Security Disability

To qualify for a disability claim from the Social Security Administration, the injury or impairment you suffer from must fall into one or more of their recognized categories. The listing manual from the Social Security Administration which is colloquially called the “Blue Book”, lists all of the physical and mental impairments that will qualify an individual for disability benefits. The benefits either come from Social Security itself (SSDI) or the Supplemental Security Income (SSI) depending on the condition itself. Qualified Conditions What follows is a list of qualified medical conditions that will result in being eligible for a disability claim… Learn More

The Congressional Budget for Fiscal Year (FY) 2017

Apr 24, 2016 @ 4:23 pm | Social Security Disability, Social Security Disability Attorney Blog

In mid-March, House Budget Committee Chairman Tom Price (R-GA) introduced the Congressional budget for Federal Fiscal Year (FY) 2017, which commences on October 1, 2016. The Congressional budget does not go to the President for a signature, nor is it legally binding. Instead, it is passed as a concurrent resolution and outlines spending limits in broad strokes, known as budget outlays and budget authority. In other words, The Congressional budget establishes overall spending caps; it does not address funding limits for specific agencies, such as the Social Security Administration (SSA). This year, things worked a little differently, because spending limits… Learn More

A Primer on Disability Terminology

Apr 20, 2016 @ 9:56 am | Uncategorized

The terms short-term disability, temporary disability, long-term disability, and permanent disability can cause confusion. What follows is a brief introduction designed to help clear up some of the uncertainty regarding what these terms mean, and in what circumstances they apply. In California, people who cannot work due to physical or mental impairments are eligible for state disability benefits, provided they have contributed to the program via regular payroll deductions. This type of state-provided benefit is called short-term disability or temporary disability. If someone has a disability that is likely to affect him or her for at least one year, that… Learn More

New Appeals Council (AC) Evidence Rule Finalized

Mar 20, 2016 @ 4:21 pm | Social Security Disability, Social Security Disability Attorney Blog

The Social Security Administration (SSA) has finalized a cost-saving rule that determines what types of submitted evidence the AC will return to claimants. The rule, which went into effect on February 5, 2016, states that the AC has the power to decide whether or not to return evidence. In making such a decision, the AC will consider the following factors: who submitted the evidence, how the evidence was submitted, whether or not the claimant had representation, and whether or not the claimant still has access to the information once it had been submitted. Electronically-submitted evidence is unlikely to be returned,… Learn More

Proposed Social Security Administration (SSA) Funding for Fiscal Year (FY) 2017

Mar 18, 2016 @ 4:20 pm | Social Security Disability, Social Security Disability Attorney Blog

President Obama has requested $13.237 billion in funding for the SSA in FY 2017. This funding request would cover the SSA’s administrative costs. None of the money requested would go toward the payment of benefits. Of the $13.237 billion requested, $112 million would go to the SSA’s Office of Inspector General (OIG), $58 million would be directed to research, and $13.067 billion would go to the SSA’s limitation on administrative expenses (LAE). So called because it limits the amount the SSA can spend on administrative costs, the LAE money comes from SSA’s trust funds (as opposed to outside funds transferred… Learn More

A Potential New Deputy Commissioner for the Social Security Administration (SSA)

Mar 16, 2016 @ 5:19 pm | Social Security Disability, Social Security Disability Attorney Blog

The Senate Finance Committee convened for a hearing on February 4 to vet nominee Andrew LaMont Eanes for the position of Deputy Commissioner of the SSA. The position of Deputy Commissioner of the SSA requires a Presidential nomination and the approval of the Senate. A second-in-command to the SSA Commissioner, the Deputy Commissioner has a major role in helping oversee all of the SSA’s various departments. Eanes, who has a Bachelor’s degree in political science and an M.B.A. from Baldwin Wallace College, has spent most of his career in the private sector. However, he does have some experience with the… Learn More

The Social Security Administration’s (SSA) CARES Plan Aims to Reduce Hearings Backlog

Mar 15, 2016 @ 4:18 pm | Social Security Disability, Social Security Disability Attorney Blog

The SSA’s Office of Disability Adjudication and Review (ODAR) has developed a strategy to attack the overwhelming hearings backlog and excessive processing times.  At the close of 2015, over one million claimants were still awaiting Administrative Law Judge (ALJ) hearings, and the average claim processing time was 512 days. In order to address the backlog and speed up claims processing times, ODAR developed the Compassionate and REsponsive Service (CARES) plan. The plan was unveiled in January of 2016, and the hope is that it will reduce the average processing time to 270 days by Fiscal Year (FY) 2020. The CARES… Learn More

What Kinds of Benefits Are Available To Disabled Veterans?

Mar 14, 2016 @ 8:23 am | Social Security Disability Attorney Blog

Both the Department of Veterans Affairs (VA) and the Social Security Administration (SSA) offer a variety of benefits to physically and mentally disabled veterans. Each institution defines, regulates, and administers them separately. VA Benefits There are two programs available to veterans through the VA: (1) service-connected disability compensation and (2) non-service connected pension. To qualify for service-connected disability compensation, a veteran must meet the following eligibility requirements: -The individual cannot have been dishonorably discharged. -The individual must have become disabled in the line of duty. -The individual’s disability cannot have resulted from his or her own doing (i.e. drug or… Learn More

How Can An Experienced Social Security Disability Attorney Help Group Long Term Disability Claimants?

Mar 11, 2016 @ 8:22 am | Social Security Disability Attorney Blog

Group Long Term Disability insurance is often provided for employees of large companies. Applying for Social Security Disability is generally a requirement of the Group Long Term Disability insurance policies that employees receive, or are seeking. If someone is receiving Social Security Disability benefits and also has a Group Long Term Disability insurance policy, the insurance company that provides the Group Long Term Disability policy can reduce the benefit amount it pays out by subtracting the amount of Social Security Disability a claimant is already receiving. Because applying for Social Security Disability is required of most employees receiving Group Long… Learn More

Options for Social Security Disability Representation

Mar 10, 2016 @ 9:22 am | Social Security Disability Attorney Blog

If you’re disabled and applying for Social Security Disability, you’re faced with the decision of how to go about finding proper representation. You have three choices. You can (1) represent yourself, (2) hire a representative who’s not an attorney, or (3) hire an experienced Social Security Disability attorney. So, what’s the best choice? Let’s examine each option. 1. Self-representation You can choose to represent yourself in a Social Security Disability case. However, due to the intricacies and nuances of Social Security Disability policies and procedures, this is not usually an advisable choice. Keep in mind that you’ll be facing off… Learn More

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    The National Advocates organization is pleased to announce that Mr. Fred Fleming has been selected for inclusion into its Social Security Disability Law specialty, an honor given to only a select group of lawyers as recognition of their superior skills and qualifications in the field.

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