Minneapolis, Minnesota Social Security Disability Blog

Last month, the Social Security Administration (SSA) announced that there will be an independent review of the Social Security Disability Insurance (SSDI) system.

The Administrative Conference of the United States will conduct the review, focusing on approximately 1,500 administrative law judges (ALJs). The Conference will likely offer recommendations to the SSA in November of this year.

Administrative law judges are part of the Social Security Disability appeals process. Once SSD applicants reach this stage of the process, they have already been denied Social Security Disability benefits twice. Applicants appear before ALJs for hearings that usually take about an hour. Some hearings will take less time, depending on the evidence provided to the ALJ.

A December story in the Pioneer Press highlighted a woman with Fibromyalgia. The woman's Social Security Disability (SSD) application was denied and case delayed until the Pioneer Press Watchdog and the woman contacted the Social Security Administration, asking for it to take a fresh look at her case.

The woman's Social Security Disability case was typical, especially among sufferers of Fibromyalgia who seek SSD. It included:

• Job loss due to disability
• Initial SSD application filed with the Social Security Administration (SSA)
• Denial of the initial SSD application
• Denial during reconsideration
• Hearing in front of an administrative law judge, followed by a third denial
• New SSD application filed with the SSA
• Denial of second application
• Request for a hearing
• Another long waiting period

In October 2011, the Commissioner of the Social Security Administration (SSA), Michael J Astrue, announced that the SSA was adding 13 new disabilities to the list of Compassionate Allowance conditions. By adding additional Compassionate Allowances, the SSA will make the process of applying for Social Security disability benefits easier and more efficient for some people.

Compassionate Allowances Program

The Compassionate Allowances program is a system of fast-tracking applications for disability benefits by those who are obviously disabled. The SSA has identified a list of conditions that meet the SSA's definition of disability. If a person applying for disability benefits is affected by a condition on the list of Compassionate Allowances, advanced information technology equipment will flag the application and put it into an expedited review process.

The trauma of a terminal diagnosis is often compounded by the realization that one is no longer well enough to earn a living on his or her own. Although it is only a slight balm to an otherwise life-shattering situation, the federal government tries to alleviate some of this stress by providing Social Security disability benefits to Americans with life-threatening conditions.

Even though the Social Security Disability Insurance (SSDI) process is expedited for terminally ill applicants, they must still go through a five-month waiting period before they can start receiving benefits. The process can take even longer if the applicant does not enlist the help of a Minnesota Social Security disability lawyer.

In October 2011, the Social Security Administration (SSA) announced that Social Security benefit recipients will receive a cost of living adjustment (COLA) for the first time since 2009. Those who receive Social Security disability benefits should know by how much their benefits will increase and how the SSA calculated the increase.

Increase in Benefit Payments

The SSA will increase the benefits payments to those receiving Social Security and Supplemental Security Income (SSI) by 3.6 percent. The increase goes into effect in January 2012 for Social Security recipients and December 30, 2011 for SSI recipients.

The average Social Security Disability Insurance (SSDI) monthly payment was $1,070.40 in September 2011, according to the SSA. A 3.6 percent increase would mean about $38.50 per month, or approximately $462 per year.

Those who suffer from depression know how debilitating the disease can be. The Social Security Administration (SSA) recognizes that depression can limit a person's ability to work. Those who suffer from depression and are thinking of applying for Social Security disability benefits should understand how the SSA will evaluate whether they qualify for SSDI.

Substantial Gainful Employment

The first thing that the SSA looks at for any applicant is whether he or she is currently working. If the applicant is working, the SSA checks his or her monthly earnings to see if he or she is engaged in what the SSA considers "substantial gainful activity" (SGA). In general, the SSA considers earning $1,000 per month or more SGA.

Many people insure their homes from fire and their cars from accidents, yet few people take the time to consider disability insurance. However, your chances of becoming disabled during your working lifetime are greater than the chances that your house will burn down. According to the Social Security Administration, a 20-year-old has a 30 percent chance of becoming disabled before he or she is able to retire. And approximately 12 percent of Americans are currently disabled.

Disability insurance is a way to protect you and your family should a disability or illness prevent you from working. It can provide compensation in addition to Social Security Disability. Unfortunately, while 47 percent of employers offer group disability coverage, others are eliminating these benefits all together or asking employees to pay more. Furthermore, the coverage offered by employer-provided disability insurance plans is much less than in previous years. These are some of the reasons why you should pay attention to disability coverage.

Last week, Forbes, USA Today and other significant news sources published articles claiming that Social Security disability is "on verge of insolvency." These claims come after congressional estimates were released showing that the Social Security disability trust fund could run out of money by 2017.

What does this mean for those with pending Social Security disability applications? For now: nothing. What the government decides to do to save the Social Security disability program is important. However, Social Security disability lawyers across the country agree that this should not prevent you from applying for and receiving the full amount of benefits to which you are entitled.

Last week, the Social Security Administration (SSA) released 12 more Compassionate Allowances conditions, all involving heart disease.

The Social Security Disability Insurance (SSDI) application process is long and difficult. Because of this fact, the SSA has created an expedited process for individuals with severe medical conditions. In order to decide what medical conditions qualify as Compassionate Allowances conditions, the SSA hosts a number of public outreach hearings and receives comments and research from committees, medical experts and the National Institutes of Health (NIH).

The chief Social Security Administration (SSA) judge in Huntington, West Virginia, voluntarily left his post recently as a result of a federal investigation into excessive payments awarded by a judge he supervised.

Judge Charlie Andrus, the city's chief judge since 1997, stepped down after the Wall Street Journal reported that his subordinate, Judge David B. Daugherty, awarded Social Security Disability benefits to all 729 petitioners in the first half of 2011. In fact, only four of Daugherty's 2,104 petitioners were denied benefits in the past 18 months, an approval rate approaching 100 percent. The national average for judges is approximately 60 percent.