Regulations governing the Social Security Administration (SSA) set forth a five-step sequential evaluation process for determining disability. As a result, every applicant who files a claim for disability benefits under both the Social Security and Supplemental Security Income (SSI) programs must meet the five requirements in the rules in order to be approved for benefits… read more →

The Social Security Administration (SSA) recently revised four sections of the Program Operations Manual System (POMS).  The POMS is a primary source of information used by Social Security employees to process claims for Social Security and Supplemental Security Income (SSI) benefits. Most of the changes to the POMS sections were administrative in nature. However, the.. read more →

In a recent Federal Register Notice, the Social Security Administration (SSA) required lawyers who represent claimants on SSA disability appeals to file appeals electronically. According to the Notice, beginning on March 16, 2012, lawyers must use the SSA Internet Disability Appeals web portal at www.socialsecurity.gov to file reconsiderations or hearings on medically denied Title II.. read more →

Below are figures for 2012 that are frequently used in the estate and elder law practice or are of interest to clients. Medicaid Spousal Impoverishment Figures for 2012 The new minimum community spouse resource allowance (CSRA) is $22,728, and the new maximum CSRA is $113,640. The new maximum monthly maintenance needs allowance is $2,841. The minimum monthly maintenance.. read more →

Social Security Disability (“SSD”) and Supplemental Security Income (“SSI”) are two programs available from the Social Security Administration (“SSA”) that may play an important role in an elder law practice. SOCIAL SECURITY DISABILITY (“SSD”) BENEFITS: Available to a blind or disabled worker who: applies for benefits; has not reached full retirement age; has sufficient social.. read more →

More than in prior years, this year I’ve been focused on preparing “top ten” lists.  Regular readers may have noticed this. I think I’ve prepared 6 “top ten” lists in the past few months, summarizing the top New Jersey cases decided in 2010 in the various areas of law that my law firm practices in,.. read more →

Here are my selections for the top ten (10) twelve (12) New Jersey elder law / public benefits / Medicaid cases decided in 2010: (1) R.C. v. Division of Medical Assistance and Health Services and Hudson County Board of Social Services, OAK DKT. NO. HMA 08047 – 10 (Hudson County, October 22, 2010): Judge Awards.. read more →

Under the rules governing the Social Security Administration (SSA), “disability” is defined as “the inability to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment or combination of impairments that can be expected to result in death or that has lasted or can be expected to last for.. read more →

I don’t usually blog about the Social Security cases my law firm handles, although we represent many applicants for Social Security and SSI disability benefits each year. It’s time I remedied that oversight. My firm recently handled a very interesting and complex case for a disabled client which involved the termination of the disability benefits.. read more →

The Treasury Department has issued a Notice of Proposed Rule-Making (75 Fed. Reg. 34394 (June 17, 2010)) that would affect all those who receive payments from the Social Security Administration. Those claimants who file an initial application on or after March 1, 2011 would have a choice of direct deposit into their bank account OR.. read more →

This situation has occurred many times over the years: a client gives me a copy of a letter from the Social Security Administration (SSA) which contains a Social Security Number (SSN) followed by the letters “A”,  “B”,  “E” or other letters, and then asks me to explain what type of benefit is indicated by the.. read more →

The Treasury Department and the four major benefit agencies, the Social Security Administration, the U.S. Department of Veterans Affairs, the Office of Management and Budget, and the Railroad Retirement Board, are jointly releasing new rules which prevent banks from seizing Social Security and other federal benefits from customers facing debt collectors. The new rules would.. read more →

Named after its Congressional sponsor and enacted in 1977, the Pickle Amendment created a separate category of Medicaid eligibility. Under the Pickle Amendment, an individual who received both Social Security benefits (SSA) and Supplemental Security Income (SSI) benefits but became ineligible for SSI due to cost-of-living adjustments (COLA) in the SSA benefit will remain eligible.. read more →

Social Security’s annual surplus nearly evaporated in 2009 for the first time in 25 years as the recession led hundreds of thousands of workers to retire or claim disability.  Social Security took in only $3 billion more in taxes last year than it paid out in benefits — a $60 billion decline from 2008, according.. read more →

The Social Security Administration (SSA) announced on Thursday, February 11, 2010, that the agency is adding 38 more conditions to its list of Compassionate Allowances conditions. This is the first expansion of the list of Compassionate Allowances conditions since the original list of 50 conditions – 25 rare diseases and 25 cancers – was announced.. read more →

A federal district court judge in California recently ruled that the Social Security Administration (SSA) violated Section 504 of the Rehabilitation Act, and its implementing regulations, by failing to provide “meaningful access” for SSA programs to all blind and visually impaired individuals. American Council of the Blind v. Astrue, No. C 05-04696-WHA (N.D.Cal. Oct. 20,.. read more →

The Social Security Administration (SSA) published its annual Fact Sheet last month, showing changes to SSA benefits upcoming in 2010. I found three items of interest on the Fact Sheet: The SSA officially acknowledged that there would be no cost-of-living adjustment next year for monthly Social Security and Supplemental Security Income (SSI) benefits. The new.. read more →

Each month, the Social Security Administration (SSA) produces a report ranking all of the hearings offices in the agency based upon the average time to process an appeal at the Office of Hearings and Appeals level. The report is based upon the average time taken by SSA to process all claims completed in the month.. read more →

About 50 million retired and disabled Americans receive Social Security benefits. The average monthly benefit for retirees is $1,153 this year. Social Security benefits are increased each year to keep pace with increases in the cost-of-living. The cost-of-living adjustment (COLA) is pegged to inflation. However, since inflation has been negative this year, the trustees who.. read more →

The economic stimulus legislation enacted in February 2009 provides a one-time payment of $250.00 to nearly all Social Security and SSI beneficiaries who were eligible for a benefit payment in any one of the following months:  November 2008, December 2008, or January 2009.  SSA made these payments in May 2009. I previously blogged about the.. read more →

Here are 10 arguments that can be used effectively when appealing the denial of a Social Security or Supplemental Security Income disability claim by an Administrative Law Judge (ALJ): Failure to properly evaluate mental impairment(s). The ALJ may have erred in failing to evaluate the claimant’s mental impairment and resulting functional limitations as required by.. read more →

The following excerpt is taken from a discussion between elderlaw attorneys recently posted on a listserv (or electronic bulletin board) in New Jersey: Q. – Is there a law that mandates that a disabled child maintain his/her eligibility for Medicaid when the child loses eligibility for Supplemental Security Income (SSI) benefits as a result of.. read more →

The Office of Disability Adjudication and Review (ODAR) administers the hearings and appeals program for the Social Security Administration (SSA). The ODAR has ten regional offices, 141 hearing offices, a national hearing center, and five satellite offices. There are approximately 1,100 Administrative Law Judges and 4,900 support staff in the field organization. New Jersey, along.. read more →

The American Recovery and Reinvestment Act of 2009 (Recovery Act) was signed into law by President Obama on February 17th, 2009. As part of the Recovery Act, nearly 55 million Social Security and Supplemental Security Income (SSI) beneficiaries will receive a one-time payment of $250 each. To receive a payment, the beneficiary’s address of record.. read more →

On February 17 and 18, 2009, the Social Security Administration (SSA) issued a series of eight Social Security Rulings clarifying and updating the SSA’s process for determining childhood disability under the “functional equivalence” rule. The functional equivalence rule is used to determine if a child meets the SSA’s definition of “disabled” when a child does.. read more →