Changes in the Social Security Laws

by: Lala Balattan

It is time we educate and update ourselves regarding essential issues of the Social Security Administration. By having enough knowledge of SSA’s vital programs concerning Supplemental Security Income (SSI) and Disability Insurance (DI), we would truly understand the workings — implementations, qualifications, claiming procedures, etc.
And since many policy changes have occurred with regards to the mentioned programs, it is but necessary that we may be aware of such things. Like, what new laws are enacted which covers diability beneficiaries of the DI program? Or if you have a relative which you think may qualify for the SSI/DI, how qualified? Here, we present you with vital facts on the SSI/DI programs’ legislative changes that have occurred for the past, 20 years, between 1984 – 1999.
On the various policy revisions over the period of 1984 – 1999, these are mainly concerned on how to properly identify and analyze the beneficiaries entitled for the said programs.
The Social Security Disability Benefits Reform Act of 1984 revised the mental impairment listings for disabled workers. It also required that a combined effect of all impairments be taken into consideration when determining eligibility for disability benefits. A “medical improvement standard” was also added for the disability review process stating that an individual’s disability benefits may be terminated with the basis of substantial evidence which shows that impairments have medically improved and the person concerned can already handle salaried work.
Various laws have also been implemented in order to enhance the DI programs like, the Social Security Disability Benefits Reform Act of 1984, which revised the mental impairment listings. The Personal Responsibility and Work Opportunity Reconciliation Act of 1996, set criteria that were more restrictive for childhood stability. The Public Law 104-121 eliminated drug and alcohol addiction from the medical listings of disabilities. The Fair Housing Act (FHA), as amended in 1988, makes housing more accessible to the disabled and prohibits discriminations. So as with the Americans with Disabilities Act (ADA).
Both the Disability Insurance and Supplemental Security Income beneficiaries’ population have experienced marked growth and compositional changes from 1984 – 1999. As such, the revisions and new laws which added up to the total package of these programs have further enhanced and have enabled the government to reach out its services further to its needy citizens. It is but important to be always updated and aware of the programs of the Social Security which concerns every individuals in the country.
Information is already empowerment. For more specific ideas on how the Social Security programs work and for further updates, connect with the official website of the Social Security at www.ssa.gov or go directly to the Social Security Administration’s Information Offices in your state! Don’t waste your time being unaware of opportunities that may entitle you and your family to government services!

About The Author

Lala B. is a 26 year-old Communication Arts graduate, with a major in Journalism. Right after graduating last 1999, she worked for one year as a clerk then became a Research, Publication and Documentation Program Director at a non-government organization, which focuses on the rights, interests and welfare of workers for about four years.
For questions, comments and additional info about the articles visit http://www.socialsecuritylawattorney.com
inquiries@socialsecuritylawattorney.com

This article was posted on February 03, 2005

What You Shouldn’t Believe About SSD

by: Lala Balattan

The Social Security and Supplemental Security Income disability programs are the largest of several Federal programs that provide assistance to people with disabilities. American citizens have come to be aware that with the Social Security programs for disability benefits and SSI, security is still there for them, even as they are physically restricted, burdened with an illness and unable to work anymore.
However, the Social Security is not committed to making massive awareness and information regarding such programs as the vast public are continually in ignorance of its procedures, policies and workings. Because of this, several misconceptions and false expectations have been harbored by many who were misinformed of the social security’s policy. Alas! Many are greatly disillusioned by the time they have come through handling their own applications for disability / SSI claims.
A foremost example of a misconception is that “the Social Security denies everyone the first time they apply for disability”. Arbitrariness is never a method in the Social Security. Disability applications are filed at the Social Security Office and are subject for evaluation. Completed disability applications are sent to a state agency called Disability Determination Services (DDS). At DDS, they are assigned to disability specialists known as Examiners. Examiners are the individuals who make decisions on Social Security cases (at the initial and Reconsideration Levels).
Though not all are denied, it is frustrating to note that after months of waiting, 70% of the population that applied for disability claims are denied!
Another misguided information is that the “Social Security denies you a certain number of times before you are approved and can receive disability benefits” should not be believed. During the long wait for the processing of disability / SSI claims applications, many different factors affect the approval and/or denial of applications. Each case are different among others, thus, reasons for approval and/or denial, whether how many times are not always the same.
Meanwhile, a statement from your physician supporting your case cannot automatically get you approved for benefits. Why, of course! No one who ever passed a disability claim application at the SSA with or without the supporting statements of a physician have ever been automatically approved. Your physician’s medical report on your disability will have to go through inspection of the DDS and eventually, if continually denied, into the judgment of the Administrative Law Judge to weigh the facts presented if you are really entitled to the benefits.
What others are claiming that “certain conditions, disabilities, or medical health problems can get you automatically approved for benefits”, is not even close to the truth. While certain conditions, disabilities or medical health problems do get the claimant involved approved for benefits, the SSA procedures entails that no claimant’s application be automatically denied and/or approved.
Saying that the best solution upon denial of an application is to file another brand new application in order to plead your case and appeal, is another misguided idea. While it is right to appeal for your application, it is not a good solution to begin all over again. The only way to continue you claim is to request for reconsideration, and with it, the necessary additions that may strongly support your claim.
Another myth states that you can’t be awarded social security disability benefits if you have ever used drugs or alcohol. If that is so, then the state is denying disability benefits to the entire population since at one point in their lives, they certainly may have used drugs or alcohol! This is such an utter mix-up of the law stating that disability benefit shall be denied to those whose impairment was caused by addiction to drugs and alcohol.
There are yet other misguided ideas and information that still burrowed in the minds of citizens, especially those who are aiming to apply for disability claims. Unless a serious information drive campaign be done in order to answer all questions and to banish all myths in the minds of the people, more and more would still cling to farfetched ideas and false hopes in the Social Security Administration’s system

About The Author

Lala B. is a 26 year-old Communication Arts graduate, with a major in Journalism. Right after graduating last 1999, she worked for one year as a clerk then became a Research, Publication and Documentation Program Director at a non-government organization, which focuses on the rights, interests and welfare of workers for about four years.
For questions, comments and additional info about the articles visit http://www.socialsecuritylawattorney.com
inquiries@socialsecuritylawattorney.com

This article was posted on February 03, 2005

Your Social Security Approval Package (Finally, the Long Wait is Over!)

by: Lala Balattan

Back and forth to the Disability Determination Services (DDS)… Arranging and rearranging data and documents for applications, appeals and motion of requests… Monthly contacts with the Social Security Administration Claims Rep and the DDS examiner… After endless consultations with your legal counsel or representatives, after many, many series of medical consultations and examinations, and finally, after too many false hopes and expectations… Your patience and determination has been rewarded! You have received the ultimate information relating the approval of your Disability Benefit claim!
So, what now?
Usually, the letter sent to you by the SSA informing you of your claim approval will show the amount of the benefits you are to receive, as determined by the Social Security Office, and when the payments will start. The benefits due to you are to be given monthly. Generally, you must be disabled for 5 full calendar months before you can receive your disability benefits for the first time.
If it had taken you so long to wait for the approval of your benefit claims, it is also likely that you will receive certain amounts for benefits past due. This will be based on how long it took to process and resolve your case and the determined actual date your disability began. These back-payments will be given to you in lump sum – the SSI give it by installment, depending on its amount size, while the social security disability back-pay are paid in a single lump sum.
Certain medical benefits will also be received. You may receive Medicaid if your benefits are derived from supplemental security income (SSI) or Medicare if it is from the Social Security Program, also called Retirement Survivors Disability Insurance. Your medical benefits will start coming 2 years after your eligibility for benefits has been established.
Ever wonder how they come up with your package? The amount of your SSDI payment is based on the worker’s lifetime average earnings covered by the Social Security. It is adjusted each year because of changes in the cost-of-living. Reduction of the amount is based from the Workers’ Compensation payments (including Black Lung payments) and/or public disability benefits, for example certain state, and civil service disability benefits. Other income or resources do not affect the payment amount.
On the other hand, the SSI payment amount is based on the amount of countable income that you receive, your living arrangement, and the State where you reside. The basic monthly payment is called the “Federal Benefit Rate” (FBR). During the year 2004, FBRs are $564 per month for an eligible individual, and $846 per month for an eligible couple. These are adjusted each year depending on the changes in the cost-of-living rates. “State Supplement” are also additional amounts paid to some by their state. The amounts and qualifications for this vary on each state.
SSI payment amount is figured by adding up your FBR and State Supplement, if any, and then subtract your countable income.
Start enjoying your benefits and remember, folks, spend wisely!

About The Author

Lala B. is a 26 year-old Communication Arts graduate, with a major in Journalism. Right after graduating last 1999, she worked for one year as a clerk then became a Research, Publication and Documentation Program Director at a non-government organization, which focuses on the rights, interests and welfare of workers for about four years.
For questions, comments and additional info about the articles visit http://www.socialsecuritylawattorney.com
inquiries@socialsecuritylawattorney.com

This article was posted on February 03, 2005

How to Make a Better SSI Case

by: Lala Balattan

It is not actually that a person’s disability claim is not believable enough or substantial enough that causes denied applications for the Social Security Disability or the Supplemental Security Income benefits. Represented or not, with undisputable medical records or not, seventy percent (70%) of all disability claims are denied at applications. Does this mean that, it really makes no difference whether you present a substantial claim or not? Of course not!
It simply means that you have to possess more analysis and should insist to learn more about the workings, procedures and especially the approval system of the SSD and SSI Programs. By being attuned to their systems and procedures, respecting their authority and cooperating with them, you stand a better chance of presenting a winning SSI case. With or without help from a legal counsel or other representative, your knowledge of the system would sustain your claim.
Dear claimants, it is indeed intolerable to note that the crucial information regarding the SSD/SSI benefits policies and procedures cannot always be had from the actual persons taking the citizen’s claims for disability benefits and SSI. Never be disheartened, though! Even if you eventually think that the applications for SSD / SSI might be a secret process fiercely guarded by who knows? Do not fret! We are providing you with very information, tips and advice in order for you to be armed with the right ideas and learn for yourself how you could improved your very own SSI case.
Stand a better chance of having a competent and substantial review of your medical status. Do this by finding out if your personal physician will support your disability case. Once he expresses his support, request for a detailed statement as to the reasons you were disabled and unable to work. It is also essential to continue submitting copies of your medical records, including recent update, when you apply and each time you appeal.
Cooperate fully with the Disability Examiner working on your case. This, you can show by promptly responding to letters and notices and going to medical exams that the DDS have scheduled for you. By being more cooperative with the DDS, you could gain a chance for your case to be qualified with the examiner pleading your case.
Ensure a good relationship with other people working on your case, especially the authorities at the Social Security and others you have enlisted or hired to assist you. Simply by establishing a friendly and courteous relationship with them, would entail them to do more for you.
Always keep tabs on your claim status, either personally or through your counsel. It is never good to let important deadlines lapse on your disability claim. Act out immediately what is to be done if your claim is denied or have been pending for too long. Simply by knowing that you are aware of every step and every proceeding would give you an edge. Strategize on how to properly plead either a request for reconsideration or a appeal for a hearing.
As long as you are patient enough and is willing to invest time and effort, on no time soon, you will be able to prove that your SSI case stands a good chance and that you are an entitled and worthy beneficiary! Good luck!

About The Author

Lala B. is a 26 year-old Communication Arts graduate, with a major in Journalism. Right after graduating last 1999, she worked for one year as a clerk then became a Research, Publication and Documentation Program Director at a non-government organization, which focuses on the rights, interests and welfare of workers for about four years.
Her writing prowess began as early as she was 10 years old in girlish diaries. With writing, she felt freedom – to express her viewpoints and assert it, to bring out all concerns — imagined and observed, to bear witness.
For questions, comments and additional info about the articles visit http://www.socialsecuritylawattorney.com
inquiries@socialsecuritylawattorney.com

Getting Your Finances Ready for a SSD Case

by: Lala Balattan

Financial security is what everybody wants in life; that and emotional and spiritual security. However, without the sense of being financially secure for the years to come, this has disastrous effects on a person’s general well being.
Now American working class citizens have come to believe that the Social Security is an institution to protect them when the need finally arises. What do we need then is to rest a weary body and soul from the long years of hard work. Or the need to settle down again as burdening illnesses and frustrating restrictions troubled your body. The vision held for everybody – the Social Security disability (SSD) benefits program and supplemental security insurance (SSI) is something for them all to built on dreams of a secured, life after their years of hard work.
Alas, when they first applied for the Social Security Disability Benefits, very few claimants were ever told how long the process of eventually securing their claims might take. .
A sad and commonplace scenario is what occurs to these persons, employed for many years, perhaps at just one job, suddenly find that their medical condition has worsened and they can no longer do their job, or any other job. Either by their initiative or advice taken from others, they contact the social security office and file a claim for benefits. However, instead of finally being able to reap the fruits of the many years of their labors, they realize that they have to wait.
Two months in the process, they check the status of their claim and are told that “evaluation will take 90 to 120 days”. Later on, after several months, they get a letter, unfortunately, denying their claims. They file an appeal and another long wait commence, only to receive another denial letter after several months upon their appeal. They would then be informed that another appeal may be processed which involves a hearing before an administrative law judge.
And of course another long wait for a hearing and even after a hearing has been held, it may take yet another innumerable weeks or even moths before a decision is made by a judge. And if ever the disability benefits are ever received at all, it had taken them 2 ½ years from the day their claiming process began. As 21/2 years had passed they may never realized that during all that time all their savings are exhausted, bills and loans are still waiting to be paid, valuables are lost in order to pay for other debts. They have been reduced to drastic living conditions and still, they still haven’t taken hold of their benefits.
Learning a lesson from the situations, it is extremely important to know how long the application and appeal process of the SSD system would really take before the eventuality of being awarded by the benefits.
By having advanced knowledge of how long a social security SSI/disability application might take, claimants could plan their assets and finances and avoid instantaneous financial downfall.
Also, practical rules may apply in planning financial aspects while still in the process of applying and/or appealing for your disability claims. On top of everything else, it would be wise not to take on additional debts or obligations. Get the cooperation of your family and list down other ways which would greatly minimize financial burdens and obligations. With regards to the bills and payments that have earlier compromised you, find out a way of restructuring them so that your budget would not suffer greatly as each day passed, still without the approval of your benefits. Who knows, sacrificing but a little more is what it probably takes.

About The Author

Lala B. is a 26 year-old Communication Arts graduate, with a major in Journalism. Right after graduating last 1999, she worked for one year as a clerk then became a Research, Publication and Documentation Program Director at a non-government organization, which focuses on the rights, interests and welfare of workers for about four years.
Her writing prowess began as early as she was 10 years old in girlish diaries. With writing, she felt freedom – to express her viewpoints and assert it, to bring out all concerns — imagined and observed, to bear witness.
For questions, comments and additional info about the articles visit http://www.socialsecuritylawattorney.com
inquiries@socialsecuritylawattorney.com

This article was posted on February 03, 2005