We’re now seeing hearings come up for many claimants who lost their jobs as a result of the Covid-19 pandemic. Most of these individuals qualified for enhanced unemployment benefits for much of the last year, so of course the question has come up whether they can...
W. Christopher Freiberg
Supreme Court Opens Way for More Appeal Arguments
In a 9-0 decision, the Supreme Court ruled last month that disability claimants do not need to raise constitutional challenges to the appointment of a judge during their hearing. The ruling opens the door for disability representatives to make such challenges during...
How Long Does It Take to get a Decision after a Hearing?
After waiting more than a year to get a hearing in front of an administrative law judge, most disability claimants expect to get a decision the day of the hearing. Unfortunately, Social Security disability doesn’t work like that. While judges can announce their intent...
Early Retirement and Disability Benefits
The Social Security disability system is structured to help older workers. In particular, as claimants reach the ages of 50, and then 55, the rules are relaxed so that it's easier for them to qualify for disability benefits. But as claimants reach retirement age,...
What Will President Biden Mean for Social Security Disability?
Among a flurry of executive actions in President Biden's first few days in office, a move to withdraw a proposed rule that could have cut off benefits for hundreds of thousands of disabled Americans was little noticed. The rule, first proposed by President Biden's...
Should You Appeal or Re-File Your Disability Claim?
No one wants to receive an unfavorable decision from an administrative law judge. And just because Social Security says you're not disabled that doesn't mean your health problems just go away. Thankfully, you have a couple of options to pursue your case when Social...
COVID-19 Long Haulers and Disability Benefits
As the COVID-19 pandemic enters into its second years, there are still many things that we don't understand about the virus. One of those phenomenon is "long haulers." While most people who contract the virus make a full recovery after a few weeks, long haulers...
When Will Social Security Offices Reopen?
JULY 2021 UPDATE It’s now been well over a year since the Social Security Administration closed its hearing offices due to the Covid-19 pandemic and began holding all hearings over the phone or video, and there’s still no clear timetable for when in-person hearings...
Supreme Court Will Consider ALJ Appointments
The 2018 Supreme Court decision Lucia v. Securities and Exchange Commission received little attention from most media outlets when it was handed down, but it's led to a lot of headaches for Social Security disability attorneys.Lucia held that administrative agencies,...
President Trump’s Executive Order on Social Security Taxes
With Congress unable to come to an agreement on a new stimulus package to help Americans during the Covid-19 pandemic in early August, President Trump signed an executive order allowing workers to in theory defer payroll taxes through the end of the year. The problem...
Anatomy of a Disability Hearing
A Social Security disability hearing in front of an administrative law judge can be one of the most intimidating experiences a claimant will ever face.But what exactly happens at these hearings? Well, while every case is different, hearings can usually be divided into...
Covid-19 and Disability Hearings
The novel coronavirus Covid-19 pandemic has led to some drastic changes in day-to-day to life. But despite urgings from many leaders and medical professionals for people to stay home as much as possible, the Social Security Administration is still going forward with...
Social Security Could Redefine Full-Time Work
The Trump administration is considering a new rule that could dramatically impact eligibility for disability benefits. While the draft version of the rule hasn't been publicized, The Huffington Post reports that the rule would re-define full-time work as any job that...
Should You Agree to a Disability Video Hearing?
Most disability applications are approved after a hearing with an administrative law judge.Social Security will attempt to get you a hearing as close to your home as possible. Typically, the agency will find a hearing site within an hour's drive of where you live.To...
Trump Proposes Cutting Disability Benefits
While President Trump has publicly said he opposes any cuts to Social Security, his proposed 2021 budget actually trims an estimated $45 billion from Social Security's disability program, and some estimates said the final amount could even by higher than that. The...
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