Midwest Disability, P.A. Midwest Disability, P.A. Midwest Disability, P.A.

April 2015 Archives

Adverse Evidence

As one legal scholar stated, "the rules [of conduct for representatives] are a model of ambiguity with regard to any duty to disclose adverse evidence." [1] Last month, the Social Security Administration published a final rule effective April 20, 2015, which clarifies its regulations regarding the submission of evidence, to include all known evidence (favorable or unfavorable) that relates to a disability claim. The final rule intends for the word "relates" to have its ordinary meaning of "to show or establish a logical or causal connection between two things" (80 FR at 14829).

Continuing Disability Review

After finding an individual disabled, Social Security Administration will perform a continuing disability review (CDR) from time to time to evaluate whether an individual continues to meet the disability requirements of the law (DI 13001.001; DI 28001.001). By statute, review must occur at least once every three years, unless you are permanently disabled (in which case review should occur every seven years), or sooner if you have a condition that is expected to improve (DI 40501.001). If medical improvement is expected, Social Security Administration will review your case for any decrease in the medical severity of your impairment(s) which was present at the time of the decision, and determine whether benefits should cease (20 CFR ยง 404.1579(b)(1)). Your case may also be flagged for review if it appears that you are working, as indicated by substantial earnings reported to your work record, or if it appears you are capable of work according to reports from State Vocational Rehabilitation Agency or an individual in a position to know of your physical or mental condition (20 CFR 404.1590(b)).

Eligibility requirements for Combat-Related Special Compensation

The advantages of Combat-Related Special Compensation are significant. Most importantly, military retirees who qualify for CRSC will not have their Veterans' Administration disability compensation subtracted from their total military retirement pay. This means that military veterans suffering from war-related injuries, who have 20-plus years of service, receive their VA disability compensation in addition to the full amount of their military retirement pay.

What is an Unsuccessful Work Attempt?

Due to the lengthy process involved in seeking Social Security benefits, many claimants will at some point attempt to return to work in either a full time or part time capacity. Social Security, in order to encourage claimants in job seeking has built in a number of rules to deal with different levels of work activity.

What are Impairment Related Work Expenses?

A prior posting on this blog explained the impact of earnings on your eligibility for Social Security benefits. To recap, a person who earns more than the SGA limit will likely be found ineligible for benefits under Social Security rules. However, impairment related work expenses (IRWE) allow a recipient or claimant for benefits to reduce their countable income.

MIDWEST DISABILITY office locations

Midwest Disability, P.A.
408 Northdale Boulevard Northwest
Coon Rapids, MN 55448
Toll Free: 888-351-0427
Coon Rapids Law Office Map

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