Social Security Fraud

The media is constantly reporting on how disabled people "fake" their medical problems to collect Social Security Disability ("SSD") benefits fraudulently, somehow duping their doctors into lying for them. The media does not report how the Social Security Administration (“SSA”) increasingly commits fraud by relying on the opinions of its doctors to reject the opinions of the claimants’ doctors. That is why the SSD approval rate has declined over the years. In order to depress the approval rate even further, the SSA has eliminated the treating physician rule, which required giving extra weight to their opinions.

The SSA goal of decreasing the approval rate is why there is such a huge backlog in the wait time for a hearing. If you ask any one of our clients, they would much rather be working than be applying for SSD benefits, which will pay them only a fraction of what they were earning. You are only eligible for SSD benefits if you have worked and paid into Social Security, and have enough work credits. There is no cheating or getting around the eligibility requirements. Our clients, as well as anyone who has worked their entire life, deserve to be treated with respect and dignity, not like they are doing something wrong. Do not be fooled by the media. The problem lies with the SSA.

Congress Can End SSD Backlog

It's the end of the year and the holidays are upon us. But for thousands of disabled people who have applied for Social Security Disability ("SSD") benefits and are caught up in the 597 day backlog for a hearing, they won't be celebrating. Congress can, and should make this right.

Income and Disability

There are some circumstances where a disabled claimant can receive Social Security Disability “SSD” benefits even though they are also receiving an income. If the income is not from work activity, then that passive income will not preclude SSD benefits. If the income is from work activity, but is below substantial gainful activity (“SGA”), then SSD benefits also are not necessarily prohibited.

An administrative law judge (“ALJ”) is required to determine if you are engaging in SGA. Therefore, if there is any indication in your earnings record or otherwise that you have income after your alleged onset date (“AOD”), then the ALJ needs to make that determination. In some cases, whether a claimant is working and is exceeding SGA levels may be the only issue that the ALJ needs to decide. Practically on a daily basis, articles are being written about the waiting time for an ALJ to hear an SSD appeal reaching at an all time high.

I recently avoided a hearing by providing the ALJ’s hearing office with a letter explaining that the claimant’s post AOD earnings reflected Short Term Disability benefits that she received through her employer. After receiving that letter, the ALJ approved the claimant’s application without the need for a hearing.

Social Security Backlog Continues

In case you are wondering if the recent hearing on Capitol Hill regarding the backlog of Social Security Disability cases has had any positive affect, it has not.  The wait time for a hearing is close to 2 years.  Thousands and thousands of people, including some of our own clients, have died waiting for their cases to be heard, and there doesn't seem to be an end in sight.

Tips for Retirement Benefits

Most people are unsure of, or unaware of what is the best time for them to apply for their Social Security retirement benefits. The best advise is, the longer you can wait, the bigger your monthly benefit will be.