Friday, December 30, 2011

Alaska Social Security Hearing Office Locations

Anchorage Hearing Office
SSA, Office of Disability Adjudication and Review
188 W Northern Lights Blvd., 6th Floor
Anchorage, AK  99513

Telephone: (907) 271-6285
Fax: (907) 271-6271
eFile Fax: (877) 714-3607


Services the following Social Security local offices:
Anchorage, Fairbanks, Juneau, Ketchikan

California Social Security Hearing Office Locations

Downey Hearing Office
SSA, Office of Disability Adjudication and Review
Suite 210
8345 Firestone Boulevard
Downey, California 90241

Telephone: (877) 870-6385    
Fax: (562) 869-8943
eFile Fax: (877) 394-4581


Services the following Social Security local offices:
Compton, Downey, Huntington Park, Norwalk, Watts, Whittier  






Fresno Hearing Office
SSA, Office of Disability Adjudication and Review
2440 Tulare Street, Suite 300
Fresno, California 93721

Telephone: 1-866-596-7568
Fax: (559) 443-1281
eFile Fax: (877)394-4582


Services the following Social Security local offices:
CALIFORNIA:
Bakersfield, Bakersfield-East Hills, Delano, Fresno, Hanford, Madera, Merced, Porterville, Southeast Fresno, Visalia, West Fresno

NEBRASKA:
Grand Island, North Platte 







Long Beach Hearing Office
SSA, Office of Disability Adjudication and Review
Federal Building, Suite 5300
501 West Ocean Boulevard
Long Beach, California 90802


Telephone: (855) 532-0889    
Fax: (562) 980-4131
eFile Fax: (877)394-4587


Services the following Social Security local offices:
CALIFORNIA:
Lakewood, Long Beach, Torrance

MISSOURI:
West Plains







Los Angeles (Downtown) Hearing Office
SSA, Office of Disability Adjudication and Review
City National Bank Building, Suite 1200
606 South Olive Street
Los Angeles, California 90014

Telephone: (213) 894-2669   
Fax: (213) 894-2595
eFile Fax: (877)394-4583


Services the following Social Security local offices:
Boyle Heights, Crenshaw, Inglewood, Los Angeles Downtown, Montebello, University Village, Wilshire Center  




Los Angeles (West) Hearing Office 
SSA, Office of Disability Adjudication and Review
Suite 400
12121 Wilshire Boulevard
Los Angeles, California 90024

Telephone: (866) 748-2089    
Fax: (310) 479-3370
eFile Fax: (877)394-4585 


Services the following Social Security local offices:
CALIFORNIA:
Chatsworth, Los Angeles Westwood, Media Cities, Santa Clarita, Van Nuys

WISCONSIN:
Eau Claire, Rice Lake 




Moreno Valley Hearing Office
SSA, Office of Disability Adjudication and Review
22690 Cactus Avenue
3rd Floor
Moreno Valley, California 92553  


Telephone: 866-737-4503    
Fax:951-867-3779
eFile Fax:877-312-9771







Oakland Hearing Office
SSA, Office of Disability Adjudication and Review
Oakland Federal Building, Suite 200N
1301 Clay Street
Oakland, California 94612

Telephone: 866-366-4916   
Fax: (510) 637-3424
eFile Fax: (877)394-4588


Services the following Social Security local offices:
Antioch, Berkeley, East Oakland, Fremont, Hayward/Livermore (merged), Oakland, Richmond, San Leandro, Walnut Creek 







Orange Hearing Office
SSA, Office of Disability Adjudication and Review
Centrum North, Suite 600
1120 West La Veta Avenue
Orange, California 92868

Telephone: 866-593-1447    
Fax: (714) 246-8271
eFile Fax: (877)822-0169



Services the following Social Security local offices:

CALIFORNIA:
Anaheim, Brea, Corona, Fountain Valley, Garden Grove, Missions Viejo, Ontario, Pomona Valley, San Ana

WISCONSIN:
Wausau, Wisconsin Rapids, Rhinelander






Pasadena Hearing Office
SSA, Office of Disability Adjudication and Review
Pasadena Towers 1
800 E. Colorado Blvd., Suite 500
Pasadena, California 91101


Telephone: (866) 354-0220    
Fax: (626) 793-3080
eFile Fax: (877)822-5144



Services the following Social Security local offices: 
Alhambra, El Monte, Glendale, Glendora, Pasadena, West Covina 






Sacramento Hearing Office
SSA, Office of Disability Adjudication and Review
Suite 250
1610 Arden Way
Sacramento, California 95815

Telephone: (866) 931-2544    
Fax: (916) 564-5360
eFile Fax: (877) 394-9226


Services the following Social Security local offices: 
CALIFORNIA:
Auburn, Chico, Feather River, Oroville, Placerville, Redding, Roseville, Sacramento, Sacramento (North), Sacramento (South), Sacramento (West), Susanville

NEVADA:
Elko







San Bernadino Hearing Office
SSA, Office of Disability Adjudication and Review
Suite 200
605 North Arrowhead Avenue
San Bernardino, California 92401

Telephone: 1-866-331-7127    
Fax: (909) 381-9288
eFile Fax: (877)394-9227


Services the following Social Security local offices: 
Barstow, Blythe, Fontana, Hemet, Indio, Moreno Valley, Morongo Basin, Redlands, Victorville



San Diego Hearing Office
SSA, Office of Disability Adjudication and Review
525 B Street, 8th Floor
San Diego, California 92101

Telephone: 1-866-331-2294    
Fax: (619) 557-6733
eFile Fax: (877)394-9228

Services the following Social Security local offices: 
Chula Vista, El Cajon, Kearny Mesa, La Mesa, National City, San Diego, San Marcos



San Francisco Hearing Office
SSA, Office of Disability Adjudication and Review
Equity Building, 16th Floor
301 Howard Street
San Francisco, California 94105

Telephone: 866-770-1221    
Fax: (415) 744-2548
eFile Fax: (877)394-9237


Services the following Social Security local offices: 
CALIFORNIA:
Chinatown, Crescent City, Daly City, Eureka, Mission, San Francisco - Downtown, San Mateo

MICHIGAN:
Farmington, Livonia



San Jose Hearing Office
SSA, Office of Disability Adjudication and Review
RSP Federal Building, Suite 330
280 South First Street
San Jose, California 95113-3086

Telephone: 1-866-331-2219   
Fax: (408) 535-5286
eFile Fax: (877)394-9239

Services the following Social Security local offices: 
Campbell, Gilroy, Mountain View, Redwood City, Salinas, San Jose, San Jose East, San Jose South, Santa Cruz, Watsonville 



San Rafael Hearing Office
SSA, Office of Disability Adjudication and Review
Suite 230
4040 Civic Center Drive
San Rafael, California 94903

Telephone: (415) 472-0173    
Fax: (415) 472-5824
eFile Fax: (877)394-9240

Services the following Social Security local offices: 
Fairfield, Lakeport, Napa, Ukiah, Vallejo


Santa Barbara Hearing Office
SSA, Office of Disability Adjudication and Review
Suite 206
222 East Carrillo Street
Santa Barbara, California 93101

Telephone: (866) 273-4953    
Fax: (805) 564-3404
eFile Fax: (877)394-9242

Services the following Social Security local offices: 
CALIFORNIA:
Chatsworth, Oxnard, San Luis Obispo, Santa Barbara, Santa Maria, Thousand Oaks, Ventura

WISCONSIN:
Appleton, Fond Du Lac, Oshkosh  





Stockton Hearing Office
SSA, Office of Disability Adjudication and Review
3116 W. March Lane, Suite 100
Stockton, California  95219


Telephone: (209) 477-3103    
Fax: (209) 477-3394
eFile Fax: (877)394-9243


Services the following Social Security local offices: 
CALIFORNIA:
Lodi, Manteca, Modesto, Sonora, Stockton

MICHIGAN:
Inkster



Connecticut Social Security Hearing Office Locations

Hartford Hearing Office
SSA, Office of Disability Adjudication and Review
William R. Cotter Federal Building
135 High Street, Room 331
Hartford, Connecticut 06103-1193

Telephone:  (866) 931-2878    
Fax:  (860) 724-9843
eFile Fax:  (860) 548-1600

Services the following Social Security local offices:
Bristol, East Hartford, Hartford, Meriden, Middleton, New Britain, New London, Norwich, Torrington, Waterbury, Willimantic


New Haven Hearing Office
SSA, Office of Disability Adjudication and Review
Connecticut Financial Center
157 Church Street, 22nd Floor
New Haven, Connecticut 06510

Telephone:  (866) 613-2750    
Fax:  (203) 787-7777
eFile Fax:  (203) 401-2043

Services the following Social Security local offices:
Ansonia, Bridgeport, Danbury, New Haven, Norwalk, Stamford

Delaware Social Security Hearing Office Locations

Dover Hearing Office
SSA, Office of Disability Adjudication and Review
Suite 200
500 W. Loockerman Street
Dover, DE 19904

Telephone: (302) 674-7000    
Fax: (302) 674-7024
eFile Fax: (877) 548-8803

Services the following Social Security local offices:
DELAWARE:
Dover, Georgetown, Wilmington

MARYLAND:
Elkton, Cambridge, Salisbury

VIRGINIA:
Accomac

New Jersey Social Security Hearing Office Locations

Newark Hearing Office
SSA, Office of Disability Adjudication and Review
3rd Floor
1100 Raymond Blvd.
Newark, New Jersey 07102

Telephone: (877) 405-9798    
Fax: (973) 645-2467
eFile Fax : (877) 482-0781

Services the following Social Security local offices:
Clifton, East Orange, Glen Rock, Hackensack, Hoboken, Jersey City, Montclair, New Brunswick, Newark, Newton, Parsippany, Paterson, Somerville, Springfield Ave, Union Township, Woodbridge



Pennsauken Hearing Office (South Jersey)
SSA, Office of Disability Adjudication and Review
2475 McClellan Blvd
Pennsauken, New Jersey 08109

Telephone: (866) 964-5769    
Fax: (856) 317-3421
eFile Fax: (877) 389-3957


Services the following Social Security local offices:
Brick, Bridgeton, Cherry Hill, Egg Harbor Township, Glassboro, Mount Holly, Neptune, Rio Grande, Toms River, Trenton 


Jersey City Hearing Office
Jersey City, New Jersey Hearing Office
SSA, Office of Disability Adjudication and Review
26 Federal Plaza, Room 34-102
New York, New York 10278


Telephone: (877) 773-7451    
Fax: (212) 264-4566
eFile Fax: (877) 560-6890



Services the following Social Security local offices:
New York:
South Bronx, Bronx Hub, Staten Island, & Hylan Blvd

New Jersey:
Jersey City & Hoboken

Maryland Social Security Hearing Office Locations

Dover Hearing Office
SSA, Office of Disability Adjudication and Review
Suite 200
500 W. Loockerman Street
Dover, DE 19904

Telephone: (302) 674-7000  
Fax: (302) 674-7024
eFile Fax: (877) 548-8803

Services the following Social Security local offices:
DELAWARE:
Dover, Georgetown, Wilmington

MARYLAND:
Elkton, Cambridge, Salisbury

VIRGINIA:
Accomac

New York Social Security Hearing Office Locations

Albany Hearing Office
SSA, Office of Disability Adjudication and Review
6th Floor
74 North Pearl Street
Albany, New York  12207-2211

Telephone:  (866) 643-3035    
Fax:   (518) 462-1933
eFile Fax:  (877) 379-8560

Services the following Social Security local offices:
Albany, Gloversville, Hudson, Kingston, Oneonta, Plattsburgh, Poughkeepsie, Queensbury, Schenectady, Troy





Bronx Hearing OfficeSSA, Office of Disability Adjudication and Review
2nd Floor, Suite 4
226 East 161st Street
Bronx, New York 10451

Telephone:  866-563-9573    
Fax:  (718) 590-1673
eFile Fax:  (877) 379-8661

Services the following Social Security local offices:
East Bronx, Hunts Point, Laconia Avenue, North Bronx, West Farms 


Brooklyn Hearing Office
SSA, Office of Disability Adjudication and Review
18th Floor
111 Livingston Street
Brooklyn, New York 11201-9238

Telephone: 1-866-964-9971    
Fax: (718) 330-2009
eFile Fax: (877) 379-8558

Services the following Social Security local offices:
Avenue X, Bay Ridge, Bedford Heights, Boro Hall, Bushwick, Canarsie, Cypress Hills: Excluding Zip codes 11414, 11416, 11417, 11418, 11419, 11420 and 11421(these zip codes serviced by Queens HO), East New York, Flatbush, Williamsburg


Buffalo Hearing Office
SSA, Office of Disability Adjudication and Review
50 Fountain Plaza, Suite 200
Buffalo, New York 14202

Telephone: 866-348-5819    
Fax: (716) 551-4078
eFile Fax: (877) 379-8633

Services the following Social Security local offices:
Amherst, Batavia, Buffalo, Dunkirk, Geneva, Greece, Jamestown, Niagara Falls, Olean, Ridge Road, Rochester  


Jericho Hearing Office
SSA, Office of Disability Adjudication and Review
3rd Floor
375 North Broadway
Jericho, New York 11753

Telephone: 866-931-4494    
Fax: (516) 942-0353
eFile Fax: (877) 379-8559

Services the following Social Security local offices:
Freeport, Long Beach, Melville, Mineola, Patchogue, Riverhead, West Babylon 


Jersey City Hearing Office
Jersey City, New Jersey Hearing Office
SSA, Office of Disability Adjudication and Review
26 Federal Plaza, Room 34-102
New York, New York 10278


Telephone: (877) 773-7451    
Fax: (212) 264-4566
eFile Fax: (877) 560-6890



Services the following Social Security local offices:
New York:
South Bronx, Bronx Hub, Staten Island, & Hylan Blvd

New Jersey:
Jersey City & Hoboken



New York Hearing Office
SSA, Office of Disability Adjudication and Review
Room 2909
26 Federal Plaza
New York, New York 10278-0035


Telephone: (212) 264-8819    
Fax: (212) 264-8633
eFile Fax: (877) 379-8642


Services the following Social Security local offices:
Bronx Hub, Chinatown, Downtown, East Harlem, East Village, Grand Central/United Nations, Hylan Blvd, Midtown, South Bronx, Staten Island, Uptown, Washington Heights 


Queens Hearing Office
Location:
SSA, Office of Disability Adjudication and Review
Joseph P. Addabo Federal Building
155-10 Jamaica Avenue, 2nd Floor
Jamaica, NY 11431


Mailing Address: 
Office of Disability Adjudication and Review
Joseph P. Addabo Federal Building
P.O. Box 319300
Jamaica, NY 11431

Telephone: 866-931-6092    
Fax: (718) 557-6575
eFile Fax : (877) 304-5005



Services the following Social Security local offices:
Astoria, Cypress Hills: Zip codes 11414, 11416, 11417, 11418, 11419, 11420 and 11421, Far Rockaway, Flushing, Glendale, Jamaica, Long Island City, Rego Park 


Rochester Hearing Office (Satellite of Buffalo)
SSA, Office of Disability Adjudication and Review
U.S. Federal Building, Room 4170
100 State Street
Rochester, New York 14614 

Telephone: (866)331-3271
Fax: (585) 263-5792
eFile Fax:(877) 304-8991 


Services the following Social Security local offices:
Amherst, Batavia, Buffalo, Dunkirk, Geneva, Greece, Jamestown, Niagara Falls, Olean, Ridge Road, Rochester 








Syracuse Hearing Office
SSA, Office of Disability Adjudication and Review
300 S. State Street, 5th floor
Syracuse, New York  13202

Telephone: (888) 655-6477    
Fax: (315) 479-3933
eFile Fax: (877) 304-5049

Services the following Social Security local offices:
Binghamton, Corning, Elmira, Ithaca, Ogdensburg, Oswego, Rome, Syracuse, Utica, Watertown 


White Plains Hearing Office
SSA, Office of Disability Adjudication and Review
Suite 202
75 South Broadway
White Plains, New York 10601

Telephone: (877) 691-6146   
Fax: (914) 682-7006
eFile Fax: (877) 304-8717


Services the following Social Security local offices: 
Monticello, Mount Vernon, New Rochelle, Newburgh, Peekskill, West Nyack, White Plains, Yonkers  

Virginia Social Security Hearing Office Locations

Dover Hearing Office
SSA, Office of Disability Adjudication and Review
Suite 200
500 W. Loockerman Street
Dover, DE 19904

Telephone: (302) 674-7000    
Fax: (302) 674-7024
eFile Fax: (877) 548-8803


Services the following Social Security local offices:
DELAWARE:
Dover, Georgetown, Wilmington

MARYLAND:
Elkton, Cambridge, Salisbury

VIRGINIA:
Accomac

Do I Have To Pay Taxes On Social Security Disability Benefits?

This really is a question that you should be asking an accountant or whoever assists you in filing taxes each year.

According to Social Security:
You will have to pay federal taxes on your Social Security benefits if you file a federal tax return as an individual and your total income is more than $25,000.  If you file a joint return, you will have to pay taxes if you and your spouse have a total income of more than $32,000.
Depending on the state you live in you may not have to pay state income tax for the benefits that you receive from Social Security.
Social Security has no authority to withhold state or local taxes from your benefit.  Many states and local authorities do not tax Social Security benefits.

Wednesday, December 28, 2011

NOSSCR Responds To New Social Security Policy To Hide Judge's Identity Until Day Of Hearing

The National Organization of Social Security Claimants' Representatives (NOSSCR) has sent a detailed response to the Social Security Administration regarding the new policy which has been implemented which keeps the identity of judges anonymous until the day of the hearing.

To view the letter click here


Related Post:
I've Been Scheduled For A Hearing, Can I Look Up The Judge's Decision Record?

NOSSCR Responds To New Social Security Policy To Hide Judge's Identity Until Day Of Hearing

The National Organization of Social Security Claimants' Representatives (NOSSCR) has sent a detailed response to the Social Security Administration regarding the new policy which has been implemented which keeps the identity of judges anonymous until the day of the hearing.

To view the letter click here


Related Post:
I've Been Scheduled For A Hearing, Can I Look Up The Judge's Decision Record?

I've Been Scheduled For A Hearing, Can I Look Up The Judge's Decision Record?

Image Source
Up until recently when Social Security scheduled an individual applying for Social Security Disability benefits or Supplemental Security Income for a hearing the claimant was informed who the Administrative Law Judge hearing their case would be.

Social Security's policy has now changed as of this month and they are no longer providing the name of the Administrative Law Judge until the day of the hearing.

However, even if you are not aware of the Judge's name before the hearing, since most judge's do not issue a decision the day of the hearing, this link may still be helpful in providing some history for each judge as to how they tend to decide cases.

The decisions included are from October 1, 2011 through November 25, 2011 and include:
  • Judge's Name
  • Hearing office the judge is located
  • Total number of decisions
  • Number of Fully favorable decisions
  • Number of Partially favorable decisions
  • Number of Denials
If you are applying for SSD or SSI and are at the hearing level, you should contact an experienced Social Security Disability attorney prior to the Administrative Law Hearing.

Tuesday, December 27, 2011

My Spouse Recently Died, Can I Receive Their Social Security Retirement Benefits?

There are several different circumstances when you, as the spouse, can receive your deceased spouse's Social Security retirement benefits.

Obviously a surviving spouse can either be a male or female, but more often than not the surviving spouse is a widow seeking to receive Social Security benefits on her deceased husband's earnings record.

According to Social Security:
If you are the widow or widower of a person who worked long enough under Social Security, you can:
  • receive full benefits at full retirement age for survivors or reduced benefits as early as age 60.

  • begin receiving benefits as early as age 50 if you are disabled.

  • receive survivors benefits at any age if you take care of the deceased worker's child who is under age 16 or is disabled and receives benefits on the worker's record.

Monday, December 26, 2011

What Is Substantial Gainful Activity?

Substantial Gainful Activity often referred to as SGA, is an important Social Security phrase.

When Social Security is making a determination to decide whether or not an applicant is disabled they first look at whether the person is unable to engage in substantial gainful activity. If an applicant is able to engage in  substantial gainful activity then they will not be found to be disabled.

Each year Social Security adjusts the amount of earnings per month which they consider to be SGA. Here is a chart for the SGA dated back to 1975. In 2011, earnings over $1,000 per month for non-blind individuals were considered to be substantial gainful activity. In 2012, SGA for non-blind individuals will increase to $1,010 per month.

Individuals who are blind have a different SGA than those who are not blind. For non-blind individuals SGA is the same whether you are applying for SSD or SSI. Whereas for blind individuals SGA for the blind does not apply to SSI.

There is a special exception to this rule of not being found to be disabled if earning over SGA. If you can prove that you work in what is known as a "sheltered work environment" then Social Security may ignore the amount of earnings you receive for that work.

Sunday, December 25, 2011

I Have A Private Long Term Disability Policy, Should I Also Apply for Social Security Disability?

Do you have a long term disability policy with a private insurance carrier or through your employer? If you have one of these policies and become disabled you may have questions about Social Security disability. Chances are if you have questions it's because you have filed for disability benefits through the long term disability policy and now the LTD carrier is telling you that you have to file for Social Security Disability.

I always recommend that anyone who plans on applying for Long Term Disability through their private carrier consults with an attorney that is experienced in this area of the law. This is a tricky area of law and the overwhelming majority of lawyers have no idea how LTD policies are governed and administered. This is not a Long Term Disability blog, but as a Social Security Disability attorney there are times when the two overlap.

Most LTD policies require that if an individual is going to receive benefits under their policy they must apply for Social Security Disability. The majority of these policies will offset the Social Security benefits from your monthly LTD benefits. Basically, if your LTD policy's monthly benefit is $5,000 and your Social Security benefits each month are $1,500 you will only receive $3,500 from your LTD carrier if the LTD policy offsets for Social Security benefits. You would not receive any less money overall, but the sources of the benefits would alter.

Often the LTD carriers will recommend a firm that can assist you with your application for Social Security Disability benefits. It is my advice to stay clear of the company that your LTD carrier has recommended you to. There are literally thousands of firms and attorneys who can assist you, avoid conflicts of interest whenever possible.

Some LTD carriers will even lead you to believe that the company is going to assist you free of charge. The reality is that most of these recommended companies have the same contingency agreement that almost every single Social Security Disability attorney or representative has, which will only pay them a percentage of your retroactive benefits if you are awarded. However, the way the LTD carrier phrases it, they make it sound like it is more beneficial for you to use the company they are recommending.

Even if the company is willing to waive their fee of any portion of the retroactive benefits they would be entitled to, as you will see below, often there are much worse consequences

Why do I advise staying away from these Social Security advocacy firms recommended by your LTD carrier? The main reason is because the majority of these firms hire non-attorney representatives. While there are certainly good non-attorney representatives out there, the main concern that I have is that since these representatives are not attorneys they do not have attorney-client confidentiality and therefore the conversations you have with them do not have to remain confidential.

I was recently told by one of my clients that he was recommended by his LTD carrier to use one of these advocacy groups (I won't disclose the name of either the carrier or the company) and they employed these tactics which I consider to be very sneaky. First, the LTD carrier made the individual feel like the advocacy group was going to represent them and advocate for them. In one regard this was true, the advocacy group assisted the individual in applying for SSD benefits. However, since the advocacy group were not attorneys, they did not have an obligation  to keep the information confidential. Throughout the process the advocacy group was informing the LTD carrier of the client's medical information which was eventually used as the basis for the LTD carrier to deny the individual LTD benefits.

Once the LTD carrier denied the individual his benefits the advocacy group informed the individual that they would not be assisting him in filing a request for hearing in his application for Social Security Disability benefits. Shortly thereafter, this person came to our firm and retained us to assist him in his application for Social Security disability benefits. Thankfully, at the Administrative Law Hearing I was successful in advocating for my client and he received a "fully favorable" decision.

Despite a happy ending from the Social Security viewpoint, he is still in the middle of appealing the LTD carrier's decision. I do not know if the LTD carrier would have denied his claim had he not retained the advocacy group, but there is no doubt in my mind that they did not fulfill their duty to advocate for him. Additionally, the advocacy group blatantly told him that since there was no attorney-client privilege, they were able to discuss the details of his case and medical issues with the LTD carrier.

If you have a LTD policy and are applying for Social Security Disability benefits, make sure that you are aware what the repercussions are on your LTD policy if you are awarded or denied SSD. Also, always make sure that the representative that you hire, whether it's an attorney or a non-attorney representative, is looking out for YOUR best interests, not the best interests of an insurance carrier.

Saturday, December 24, 2011

If I Don't Have Enough Work History Credits, Can I Still Get Benefits?

If you've been told by Social Security that you do not have enough work history credits to qualify for Social Security Disability benefits then there are two different possible solutions for you.

1) Find out your "date last insured" from Social Security and prove that your disability began prior to that date. An experienced Social Security attorney should be able to tell you fairly quickly if you provide them with enough information how likely your chances of success at this are.

If you last worked 15 years ago and only have started seeing a doctor within the past few years, then obviously it's going to be difficult to show that your disability began over 15 years ago. However, if your date last insured was within the past few years and you have significant medical records going back to that time, then your chances of success are much higher.

An attorney that I work with recently was able to prove that her client's disability began in 1989, the case was heard by a judge over twenty years from her date last insured. Although these type of success stories are rare, with the proper documentation, it is certainly possible.

2) If you are unable to prove that you were disabled prior to your date last insured, or you haven't worked enough in your lifetime to have ever had a date last insured, then you may still qualify for disability benefits. Social Security's Supplemental Security Income program is designed for those who are disabled AND have limited income and resources. So, although you may not able to receive SSD, you may qualify for SSI benefits.

Friday, December 23, 2011

Are There Any Disabilities That Social Security Awards Benefits Faster To?

Social Security currently has a list of 113 conditions that it provides benefits for quickly. These conditions are known in Social Security terms as "Compassionate Allowances" and the list was updated most recently earlier this month, with 13 new conditions being recognized by Social Security.

According to Social Security:
Compassionate Allowances (CAL) are a way of quickly identifying diseases and other medical conditions that invariably qualify under the Listing of Impairments based on minimal objective medical information. Compassionate Allowances allow Social Security to quickly target the most obviously disabled individuals for allowances based on objective medical information that we can obtain quickly.
Click the link to see the full list of medical conditions approved by Social Security.

1
Acute Leukemia
2
Adrenal Cancer - with distant metastases or inoperable, unresectable or recurrent
3
Alexander Disease (ALX) - Neonatal and Infantile
4
Alstrom Syndrome
5
Amegakaryocytic Thrombocytopenia
6
Amyotrophic Lateral Sclerosis (ALS)
7
Anaplastic Adrenal Cancer - with distant metastases or inoperable, unresectable or recurrent
8
Angelman Syndrome
9
Aortic Atresia
10
Astrocytoma - Grade III and IV
11
Ataxia Telangiectasia
12
Batten Disease
13
Bilateral Retinoblastoma
14
Bladder Cancer - with distant metastases or inoperable or unresectable
15
Bone Cancer - with distant metastases or inoperable or unresectable
16
Breast Cancer - with distant metastases or inoperable or unresectable
17
Canavan Disease (CD)
18
Cerebro Oculo Facio Skeletal (COFS) Syndrome
19
Chronic Myelogenous Leukemia (CML) - Blast Phase
20
Corticobasal Degeneration
21
Creutzfeldt-Jakob Disease (CJD) - Adult
22
Cri du Chat Syndrome
23
Degos Disease, Systemic
24
Early-Onset Alzheimer’s Disease
25
Edwards Syndrome (Trisomy 18)
26
Eisenmenger Syndrome
27
Endomyocardial Fibrosis
28
Ependymoblastoma (Child Brain Tumor)
29
Esophageal Cancer
30
Farber's Disease (FD) - Infantile
31
Fibrodysplasia Ossificans Progressiva
32
Friedreichs Ataxia (FRDA)
33
Frontotemporal Dementia (FTD), Picks Disease -Type A - Adult
34
Fukuyama Congenital Muscular Dystrophy
35
Gallbladder Cancer
36
Gaucher Disease (GD) - Type 2
37
Glioblastoma Multiforme (Adult Brain Tumor)
38
Glutaric Acidemia Type II (Neonatal)
39
Head and Neck Cancers - with distant metastasis or inoperable or uresectable
40
Heart Transplant Graft Failure
41
Heart Transplant Wait List, 1A/1B
42
Hemophagocytic Lymphohistiocytosis (HLH), Familial Type
43
Hypoplastic Left Heart Syndrome
44
Idiopathic Pulmonary Fibrosis
45
Infantile Neuroaxonal Dystrophy (INAD)
46
Infantile Neuronal Ceroid Lipofuscinoses
47
Inflammatory Breast Cancer (IBC)
48
Junctional Epidermolysis Bullosa, Lethal Type
49
Kidney Cancer - inoperable or unresectable
50
Krabbe Disease (KD) - Infantile
51
Large Intestine Cancer - with distant metastasis or inoperable, unresectable or recurrent
52
Late Infantile Neuronal Ceroid Lipofuscinoses
53
Left Ventricular Assist Device (LVAD) Recipient
54
Leigh’s Disease
55
Lesch-Nyhan Syndrome (LNS)
56
Lewy Body Dementia
57
Liver Cancer
58
Lowe Syndrome
59
Malignant Multiple Sclerosis
60
Mantle Cell Lymphoma (MCL)
61
Maple Syrup Urine Disease
62
Merosin Deficient Congenital Muscular Dystrophy
63
Metachromatic Leukodystrophy (MLD) - Late Infantile
64
Mitral Valve Atresia
65
Mixed Dementias
66
MPS I, formerly known as Hurler Syndrome
67
MPS II, formerly known as Hunter Syndrome
68
MPS III, formerly known as Sanfilippo Syndrome
69
Mucosal Malignant Melanoma
70
Multicentric Castleman Disease
71
Multiple System Atrophy
72
Neonatal Adrenoleukodystrophy
73
Niemann-Pick Disease (NPD) - Type A
74
Niemann-Pick Disease-Type C
75
Non-Small Cell Lung Cancer - with metastases to or beyond the hilar nodes or inoperable, unresectable or recurrent
76
Ornithine Transcarbamylase (OTC) Deficiency
77
Osteogenesis Imperfecta (OI) - Type II
78
Ovarian Cancer - with distant metastases or inoperable or unresectable
79
Pancreatic Cancer
80
Paraneoplastic Pemphigus
81
Patau Syndrome (Trisomy 13)
82
Peritoneal Mesothelioma
83
Pleural Mesothelioma
84
Pompe Disease - Infantile
85
Primary Cardiac Amyloidosis
86
Primary Central Nervous System Lymphoma
87
Primary Effusion Lymphoma
88
Primary Progressive Aphasia
89
Progressive Multifocal Leukoencephalopathy
90
Progressive Supranuclear Palsy
91
Pulmonary Atresia
92
Pulmonary Kaposi Sarcoma
93
Rett (RTT) Syndrome
94
Salivary Tumors
95
Sandhoff Disease
96
Single Ventricle
97
Small Cell Cancer (of the Large Intestine, Ovary, Prostate, or Uterus)
98
Small Cell Lung Cancer
99
Small Intestine Cancer - with distant metastases or inoperable, unresectable or recurrent
100
Spinal Muscular Atrophy (SMA) - Types 0 And 1
101
Spinocerebellar Ataxia
102
Stomach Cancer - with distant metastases or inoperable, unresectable or recurrent
103
Subacute Sclerosis Panencephalitis
104
Tay Sachs Disease - Infantile Type
105
Thanatophoric Dysplasia, Type 1
106
The ALS/Parkinsonism Dementia Complex
107
Thyroid Cancer
108
Tricuspid Atresia
109
Ullrich Congenital Muscular Dystrophy
110
Ureter Cancer - with distant metastases or inoperable, unresectable or recurrent
111
Walker Warburg Syndrome
112
Wolman Disease
113
Zellweger Syndrome

If you have any of these conditions you should inform your Social Security Disability attorney immediately so that they can get the required documentation from your treating doctors and make sure Social Security receives the appropriate medical records to prove your disability.

Thursday, December 22, 2011

How Long Does It Take To Receive A Decision?

Ready for the answer that you didn't want to hear? It depends ...

Every single client that walks through the door of my office or that speaks with me on the phone asks me the same exact question. The truth is there is no way to give you a definitive answer. The process can take anywhere from three months to two years (even longer if you file appeals after the Administrative Law Hearing).

The average wait time for a decision at the initial application level is about three to five months. I've had clients who received responses in less time and at the opposite end of the spectrum, just last month my client who had applied almost eight months ago was awarded SSD at the initial application.

If you live in a state that has Reconsideration, this is the technical name for the appeal you file if you are denied at initial application, this stage also typically takes from three to five months. If you live in New Jersey, you must file for Reconsideration. If you live in New York, Social Security skips this step and after you are denied at initial application you immediately Request A Hearing in front of an Administrative Law Judge.

Typically the longest period of time where there is literally no movement on your application for disability benefits is when you request a hearing. As you can imagine, there are a lot of people filing for disability benefits and not enough judges. This results in waiting anywhere from eight months to fourteen months from the date you request the hearing until the date you are scheduled to appear before an Administrative Law Judge.

Sadly, the wait doesn't end here. Some judges will let you know on the spot whether they are going to approve your disability benefits. However, the majority of the time you must wait to receive the judge's decision in the mail. I've had clients told by the judge the day of the hearing that they were awarded, I've had clients who were informed of the decision within a week or so and then there are the judge's who don't send their decision for over four months from the date of the hearing.

You see, it really is an "it depends" answer. In my opinion, anyone that tells you that they can guarantee you a decision within a set period of time is lying to you.

HZTHWPSKY4G2

Wednesday, December 21, 2011

What Does Date Last Insured Mean?

One of the most common questions I am asked by clients is, what does "date last insured" mean?

"Date last insured," only applies to Social Security Disability benefits (SSD), it does not apply to those who are solely applying for Supplemental Security Income (SSI).

Your date last insured is typically 5 years after the date you last worked, or had wages paid into the Social Security system. If you last worked in 2005, it's unlikely that you have a date last insured beyond  December 31, 2010. However, it is always important to check with Social Security to find out the exact date you were last insured.

When Social Security references a specific date that you were last insured, they are referring to the last point in time that you are considered to qualify to receive Social Security Disability Benefits. If your date last insured is in the past, do not get disheartened just yet, it is possible to still apply for and be awarded SSD benefits. In order to do that, you must establish that you were disabled from working prior to that date last insured.

So, if you went to Social Security today and you were told that your date last insured was December 31, 2009 you could still potentially apply for SSD benefits if you can show that you were disabled prior to that date. However, if Social Security determines that you were not disabled until some point after that date, you will not be eligible for  SSD benefits.

This can be a very confusing issue. If date last insured is an issue in your case, you should definitely seek assistance from an attorney familiar with Social Security Disability.

Monday, December 19, 2011

What Can A Social Security Attorney Do For Me?

If you are going to hire an attorney for anything it's always a good idea to know exactly what they are going to do for you.

It is my opinion that every person that wants to apply for Social Security Disability benefits or Supplemental Security Income should use an attorney. It is obviously not impossible to get disability benefits by applying for yourself, but why would you?

Since Social Security regulates how attorneys can be paid in Social Security cases it will not cost you money out of pocket up font. In most cases, your attorney will not be paid unless you are awarded disability benefits. Social Security attorneys who have a standard fee agreement receive 25% of any back payment (maximum is $6,000). In addition to that, clients may be also be responsible for other expenses (medical records, making copies), which must be listed in the signed free agreement. If there is no back payment, there is the potential to receive professional representation in your case and for the attorney to not receive any compensation.

Now, if you are a pessimistic person, right away you should be thinking - if this attorney doesn't do his or her best for me and try to get me benefits, they are wasting their time because they will not get paid. This fee structure entices attorneys to do their best for you because it also benefits them.

Not only this, but applying for disability benefits can be a frustrating and time consuming process. Many clients who come to me explain that they intended to apply for Social Security months ago but kept putting it off because either they weren't having a good day or they didn't feel like spending the one good day they've had in weeks filling out forms.

I can't speak for all attorneys, but here is a list of things that I do for my clients:
  • File the initial application, timely file appeals, timely request an Administrative Law Hearing
  • Complete adult disability reports at each level
  • Fill out all Function Reports, review Third Party Function Reports, Complete Work History Reports
  • Review all medical records to make sure favorable evidence is submitted
  • Answer all questions the claimant has about the process
  • Communicate with Social Security making sure they have all of the information they need to make a decision on your case
  • Communicate with your doctors if required
  • At hearing, organizing all medical evidence and presenting it in a favorable prospective to the Administrative Law Judge. 
  • Represent clients at hearing by asking appropriate questions to persuade the judge that you are disabled

Sunday, December 18, 2011

What Social Security Disability Benefits Are There?

There are several different types of Social Security Disability benefits/programs. The two most common types are Social Security Disability Benefits (SSD) and Supplemental Security Income (SSI). When most people refer to Social Security Disability benefits they are referring to SSD.

To qualify for Social Security Disability Benefits (SSD), an individual must have enough work history credits which are acquired by paying into the Social Security system. In general, in order to have enough work history credits an individual needs to have worked in five out of the ten years prior to becoming disabled.

In addition to having enough work history credits, an individual must prove that they are disabled. An individual must have a medical condition(s) that meets Social Security's definition of disability. It must be expected that you will be unable to work for at least a year due to your disabilities.

Supplemental Security Income (SSI) is a separate Social Security program. The major difference between SSD and SSI is that SSI does not require work history in order to qualify. SSI is for individuals who have limited income and resources who are either older than 65, blind or disabled. For the purposes of this blog, if you are a disabled individual with limited income and resources you may qualify for SSI, even if you have little or no work history. Social Security has the same definition of disability for those applying for SSD and SSI.

Social Security looks at the total income, finances and resources of the household when determining whether an individual meets the eligibility criteria for SSI. If a person is married, Social Security will take their spouse's income into consideration. SSI is the only disability benefits program available for children under age 18.

Other Disability Benefits

Disabled Widow's/Widower's Benefits: Disability benefits are also available to those over the age of 50 who are disabled and whose spouse (who has paid into the Social Security system) has died. Social Security requires that the individual became disabled before or within seven years of their spouse's death. Social Security uses the same definition of disability as is used for analyzing individuals applying for SSD and SSI.

Adults Disabled Before They Are 22 Years Old: Benefits may be available for adults who become disabled prior to the age of 22. The child's parent must either be deceased or already receiving retirement or disability benefits. This individual will receive monthly benefits based on the earnings record of their parent. Social Security uses the same definition of disability as is used for analyzing individuals applying for SSD and SSI. For other issues concerning benefits payable on a parent's earnings record view the Social Security website.

SSI Disability Benefits For Children: Children up until the age of 18 may qualify for SSI benefits if they are disabled and have limited income and resources. When determining if a child meets the income and resource eligibility criteria for SSI, Social Security will also take into account the income and assets of their parents and other household members.

Social Security has a different disability definition for children under 18. According to Social Security in order to be considered disabled:
  • The child must have a physical or mental condition(s) that very seriously limits his or her activities; and
  • The condition(s) must have lasted, or be expected to last, at least 1 year or result in death. 
Declan Gourley is a Social Security Disability attorney who practices law in the New York/New Jersey area.