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The Social Security Administration (SSA) Proposes a New Rule

Jan 27, 2016 @ 6:17 pm | Social Security Disability, Social Security Disability Attorney Blog

The SSA has proposed a new rule regarding what evidence is returned to claimants who submit new material to the Appeals Council with the Request for Review, or within a certain amount of time as determined by the Appeals Council. When claimants or their representatives submit such evidence, the Appeals Council then decides if the newly submitted evidence is legitimately new, relevant, and appropriate to the time period on or prior to the Administrative Law Judge (ALJ) hearing decision. Currently, the Appeals Council is legally required to return any such evidence not relevant to the time period on or prior… Learn More

Additional Provisions of Note in the Bipartisan Budget Act of 2015

Jan 27, 2016 @ 4:16 pm | Social Security Disability

In addition to extending the solvency of the Disability Insurance (DI) Trust Fund through 2022, the Bipartisan Budget Act of 2015, which President Obama signed into law on November 2, 2015, included a number of other provisions not related to trust fund solvency. The bill created a new felony for conspiracy to commit Social Security fraud, and increased prison time to 10 years (from 5 years) for any person in a position of trust (i.e. claimant representative, healthcare provider, Social Security Administration (SSA) employee, etc.) who is convicted of making false statements or knowingly perpetrating misrepresentations. The monetary penalty for… Learn More

Disability Insurance (DI) Trust Fund Now Solvent Through 2022

Jan 26, 2016 @ 4:15 pm | Social Security Disability

On November 2, 2015, President Obama signed the Bipartisan Budget act of 2015 into law. The bill extends the solvency of the DI Trust Fund through 2022, effectively staving off a 19% benefit cut that would have taken effect at the end of 2015. The law includes a number of other provisions, such as raising the debt ceiling into the first part of 2017 following the presidential election, increasing non-defense discretionary spending, setting parameters for the federal budget for the next two years, thus reducing the likelihood of a government shutdown, and putting off an increase in Medicare Part B… Learn More

The Medical Expert’s (ME) Role in the Opening Statement of an Administrative Law Judge (ALJ) Hearing

Jan 25, 2016 @ 4:14 pm | Social Security Disability, Social Security Disability Attorney Blog

There’s a specific set of regulations governing the conduct of both the ALJ and the ME during the opening statement of an ALJ hearing. In the opening statement, the ALJ must first explain why it is necessary to have an ME testify. And before the ME does so, the ALJ must do the following things: -Go on record stating that the ME has examined all relevant evidence of record, medical and otherwise -Verify that the record includes an up-to-date explanation of the ME’s professional credentials and qualifications -Allow the claimant and his or her representative the chance to ask the… Learn More

What is the Social Security Administration (SSA) Doing to Reduce the Hearings Backlog?

Jan 24, 2016 @ 4:13 pm | Social Security Disability, Social Security Disability Attorney Blog

At a recent conference for the National Organization of Social Security Claimants’ Representatives (NOSSCR), the SSA’s new Deputy Commissioner for the Office of Disability Adjudication and Review (ODAR), Theresa Gruber, spoke a little about the actions the SSA is taking to reduce its hearings backlog. The hiring component is one arm of the SSA’s strategy. Although Gruber said the SSA “can’t hire their way out” of the problem, having more adjudicators will ultimately help reduce the backlog. The SSA hopes to have around 1800 Administrative Law Judges (ALJs) working on its behalf, meaning that it will still need to hire… Learn More

What Is Social Security Ruling (SSR) 91-5p?

Jan 23, 2016 @ 4:10 pm | Social Security Disability, Social Security Disability Attorney Blog

In a nutshell, SSR 91-5p can be used to extend a claimant’s deadline to appeal an adverse decision based on what the Social Security Administration (SSA) considers “good cause.” According to the SSA, a tardy request for review will not automatically result in a dismissal of the appeal; if the claimant can present evidence that mental incapacity prevented him or her from understanding the review process, that claimant’s appeal will be given appropriate consideration. Provided the claimant can satisfy the “good cause” requirement with sufficient evidence of mental incapacity at the time of the prior administrative action, his or her… Learn More

House Ways and Means Committee Hearing on Social Security

Aug 26, 2015 @ 11:00 am | Uncategorized

On July 9, 2015, the House Ways and Means Committee held a hearing entitled “Promoting Work Opportunities for SSDI Beneficiaries.” A number of witnesses were present, including representatives from the U.S. Business Leadership Network, Virginia Commonwealth University, the Vermont Agency of Human Services, the Center for Budget and Policy Priorities, and the Disability Network. House Representatives discussed the complexity of Social Security Disability Insurance (SSDI) rules and both Democrats and Republicans agreed that the issue of a “cash cliff,” whereby SSDI beneficiaries in the Extended Period of Eligibility continue to receive full benefits while performing below the Substantial Gainful Activity… Learn More

The ABLE Act

Aug 26, 2015 @ 10:57 am | Social Security Disability Attorney Blog

In December of 2014, the Achieving Better Life Experiences (ABLE) Act was signed into law. The ABLE Act allows those who become disabled before the age of 26 to open ABLE accounts (529A accounts) dedicated to disability-related costs. An ABLE account can grow without having its earnings subject to tax. Furthermore, an ABLE account can accumulate up to $100,000 without that money affecting an account holder’s eligibility for Supplemental Security Income (SSI) or benefit level. Each state is responsible for establishing its own protocols for ABLE accounts. So far, 27 states have developed ABLE account programs, and 10 more have… Learn More

The One Social Security Act

Aug 26, 2015 @ 10:55 am | Social Security Disability Attorney Blog

In our last entry, we examined short-term funding issues facing the dual Social Security Trust Funds. One of the proposed solutions to the issue came in the form of legislation. On July 22, 2015, Rep. Xavier Becerra (D-CA) introduced the One Social Security Act. The bill would combine the Old Age and Survivors Insurance (OASI) Trust Fund and the Disability Insurance (DI) Trust Fund. While technically separate, the trust funds are often treated as one. This legislation would codify that practice. Seventy-five Democrats co-sponsored the bill. The One Social Security Act, if passed, could prevent a 19% benefit cut in… Learn More

Social Security Administration (SSA) Policy and Same-Sex Marriages: Part 2

Aug 26, 2015 @ 10:24 am | Social Security Disability Attorney Blog

In our last entry, we discussed some of the impacts that the Supreme Court’s ruling in Obergefell v. Hodges will have on SSA policy. We also examined some of the outstanding issues that the SSA is working to resolve as it navigates the wake of the ruling. Today, we will briefly examine a few of the scenarios that will help determine benefit eligibility for members of married, same-sex couples. Income differential: if one spouse earns significantly more than the other, the lesser earning spouse may be eligible for more Social Security benefits. Insufficient work history: if an individual lacks sufficient… 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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