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

Supplemental Security Income (SSI) Archives

Paid Parental Leave

On August 2, Senator Marco Rubio (R-FL) proposed the "Economic Security for New Parents Act," a bill which would amend Title II of the Social Security Act to provide paid parental leave benefits to parents following the birth or adoption of a child. The attempt to address relief for new parents is long overdue, as the United States is one of the only countries (alongside Swaziland, Australia, and Papua New Guinea) which does not provide paid parental leave. At present, those unable to work due to pregnancy or childbirth may take up to 12 weeks of unpaid leave under the Family Medical Leave Act, but many find these safeguards insufficient.

Prototype States

Before a case for Social Security disability benefits may be filed in federal court, applicants must give the Social Security Administration (SSA) an opportunity to review the claim and render a final agency decision. Administratively, there are typically four stages of review: initial determination, reconsideration, hearing before an administrative law judge, and review by the Appeals Council. SSA denies most applicants upon initial determination and reconsideration but approves approximately two-thirds of applicants at the hearing level, where claims are adjudicated by the Office of Hearings Operations.

Get to know the Ticket to Work program

As with any benefits you receive from the government, there are generally set limits to how much you can earn. Some people believe that having limits in place prevents good people from going back to work because of their fear that they won't be able to support themselves quickly enough.

What evidence will the judge consider in my case?

At the hearing stage of your case, you will have the opportunity to appear before an Administrative Law Judge. This judge only hears cases concerning claims for disability benefits and is an employee of the Social Security Administration. The judge will look at a number of different sources of evidence in considering your claim for benefits.

Video Teleconference Hearings

If Social Security Administration has denied your claim for disability benefits, you have a right to personal appearance before an administrative law judge to present evidence supporting your claim. The right to appear in person may be waived, though an administrative law judge may still schedule a hearing if he or she believes it would be helpful in deciding your case. Social Security Administration may also opt to conduct the hearing via video teleconferencing (VTC), though the claimant has the right to object. While a VTC hearing may be speedier and more convenient in some situations, there are compelling reasons to appear in person.

The Executive Order Excepting Administrative Law Judges

Last month, the Supreme Court in Lucia v. SEC (2018) held that Administrative Law Judges (ALJs) are "Officers of the United States" subject to the Appointments Clause. In a subsequent effort to mitigate concerns over the selection of ALJs and reduce the likelihood of litigation based on Appointments Clause challenges, the President signed Executive Order 13843, excepting ALJs from competitive service by directing the Office of Personnel Management (OPM) to amend Civil Service Rule VI. As a result, agency heads now have greater discretion and authority to appoint and hire ALJs.

Benefits through the Social Security Administration

The Social Security Administration's goal is to help individuals have the independence they need even at the worst times in their lives. They may be unable to work, struggle with illness or have disabilities that hinder them, but people still deserve to live comfortably and independently.

MIDWEST DISABILITY office locations

Midwest Disability, P.A.
408 Northdale Boulevard Northwest
Coon Rapids, MN 55448
Toll Free: 888-351-0427
Fax:763-862-7521
Coon Rapids Law Office Map

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