Metro Washington DC Social Security Disability Attorneys Blog

More services are on the way for children who receive SSI

2013-05-22T20:29:03Z

Two weeks ago in this Metro Washington, D.C., Social Security Disability Law Blog we discussed a report that found disabilities to be on the rise among U.S. children. The U.S. Center for Disease Control and Prevention has since reported that about 20 percent of American children have mental disorders. The Obama administration has now announced that it is launching a new project to help ensure that children with disabilities have access to the services that they need to thrive.

The program is called Promoting Readiness of Minors in Supplemental Security Income, or Promise. Its goal is to improve the education and career opportunities for children ages 14 to 16 who recieve SSI.

]]> Supplemental Security Income, or SSI, disability benefits are available to children under the age of 18 or students under the age of 22 who are disabled and meet certain income requirements.

It is important that children with disabilities obtain the disability benefits to which they are entitled. Raising a child with a disability can be very costly, and it is important that financial burdens do not keep children from receiving services that they need.

The government is going to provide up to $10 million to various states that are selected to participate in PROMISE. The funding will be used to build partnerships with certain agencies in order to offer additional forms of support and services to children who receive SSI.

It is often difficult for parents to navigate their way through all of the red tape to attain benefits for their children and access to other forms of support that may be available. Those who are having trouble securing disability benefits may wish to seek legal counsel.

Source: Disability Scoop, “Feds Eye Better Outcomes For Kids on SSI,” Shaun Heasley, May 22, 2013

VA announces plans to plow through disability backlog

2013-05-16T17:42:02Z

We have previously written about some of the struggles that disabled veterans face here in the Washington, D.C., area when they try to obtain disability benefits. Veterans with disabilities are often entitled to receive disability benefits from the Department of Veterans Affairs, but the VA is known for taking several months and even years to resolve disability claims. The VA is currently dealing with a backlog of 843,000 claims, but it announced this week that it is going to ask claims processors to work overtime hours until the end of 2013 to tackle this issue,

The VA is actually mandating that all 56 of its offices use overtime in order to work to eliminate the disability backlog. More than 10,000 VA employees are going to put in an extra 20 hours a month until the end of the year.

]]> According to the Washington Post, two-thirds of the claims in the VA's backlog have been pending for at least 125 days. The VA is currently concentrating its efforts on deciding claims that have been pending for more than a year.

Whether this surge within the VA will help those who have pending claims in D.C. is unknown. It is important that disability claims processors are able to make decisions not only quickly, but also accurately. The VA as well as the Social Security Administration often deny disability benefits to those who are deserving, and those claimants then have to wait through a lengthy appeals process. Many people may find it helpful to seek legal guidance in order to successfully appeal a disability benefits denial.

Source: The Washington Post, "VA announces overtime 'surge' to battle disability claims backlog," Steve Vogel

Report: Disabilities among children are on the rise

2013-05-10T18:24:03Z

On Sunday at the Pediatric Academic Societies' annual meeting held here in Washington, D.C., research was presented that found the rate of disability in children has grown by 16 percent within the last decade. While it is not completely clear why the prevalence of disability among children has increased so substantially, it has been attributed in part due to the increased diagnosis of both mental health conditions and neurodevelopmental conditions. Researchers believe that a greater diagnosis of autism may be partly responsibly for the trend.

Researchers reached their findings by reviewing data from the National Health Interview Survey, which is a survey of more than 10,000 parents who have children 17 and younger. They looked at the survey's responses for the years 2001-2002 and 2009-2010.

]]> One million more children had disabilities in 2009-2010 compared to 2001-2002, according to their findings. Interestingly, the rate of physical disabilities actually declined during those 10 years; only the rate of mental health conditions and neurodevelopmental conditions increased.

For children under the age of 6, the prevalence of neurodevelopmental disabilities almost doubled.

While the researchers did note that more needs to be done to determine exactly why disability prevalence is growing, a significant part of this may be that things were being diagnosed in 2009-2010 that went undiagnosed years earlier. In a sense, this is a good thing, because with a diagnosis both treatment and disability benefits may be more forthcoming.

There are a number of disability benefits that may be available to children, depending on their diagnoses, financial means and other circumstances. It is not always easy to obtain Social Security disability benefits, and those who find themselves running into red tape or receiving denials may want to discuss their application with a disability benefits attorney.

Source: Disability Scoop, "In Decade’s Time, Childhood Disabilities Rise 16 Percent," Shaun Heasley, May 6, 2013

How does Washington, D.C., rank for disability services?

2013-05-04T02:07:03Z

A report that was released yesterday by United Cerebral Palsy suggests that Washington, D.C., may not be the best place for people with disabilities to live, but it also is not the worst. The report ranked disability services in all 50 states and in Washington, D.C., and D.C. landed in 36th place. A lot of the top performing states, however, were clustered in the Northeast. There were several states that ranked well on the West Coast as well.

The report evaluated states in terms of how they promote independence and productivity for people with disabilities; safety and quality of life issues; reaching people in need; and how well families are kept together.

]]> Arizona earned the number one spot for its services for people with intellectual and developmental disabilities, according to the report. Also at the top were Oregon, New Hampshire, California and Vermont. Mississippi was in last place for the seventh year in a row.

While the report points to a number of things that states are doing right to support people with disabilities, it also shines a light on a number of areas where a lot more work needs to be done. In most states, less than one-third of people with developmental disabilities are employed competitively. Additionally, there are very long waiting lists for residential services in a number of states.

It should be a priority for all states to ensure that people with disabilities have the services and support that they need and deserve. For many people here in Washington, D.C., one vital lifeline is Social Security disability. Disability benefits are often much more difficult to recieve than they should be, and it is important that those who are having trouble obtaining benefits have legal advocates to help them.

Source: Disability Scoop, "States Get Ranked On Disability Services," Michelle Diament, May 2, 2013

Disability claims judges sue Social Security Administration

2013-04-24T21:51:30Z

This Washington, D.C., disability law blog often discusses integrity issues plaguing the Social Security Administration's disability hearing process. There have been numerous allegations recently of biased judges, including some who were accused of discrimination, as well as a variety of problems that have left the administration to deal with a swelling backlog of claims. In one of the latest signs of major problems within the administration, the administrative law judges who decide Social Security disability cases have now sued the Social Security Administration.

The judges' union as well as three individual judges filed the lawsuit last week, accusing the administration of imposing an illegal quota on the judges. The administrative law judges are asked to decide between 500 and 700 disability cases annually, or about two per day.

]]> About 1500 judges are employed by the Social Security Administration, and about 1400 of them are part of the union. As some people here in D.C. may be aware, when people apply for SSDI benefits, the cases are initially assessed by state offices, which do reject a majority of claims. When claimants choose to appeal a rejection, an administrative law judge then takes over the case.

Currently, this appeal hearing process runs an average of 373 days, according to the Associated Press. The long wait is in part due to a large number of claims, and in 2007 when the wait was even longer the agency gave the judges productivity standards. While the new standards did reduce the wait, judges have said that they do not have time to review all of the evidence due to the crunch and this might lead to unfair decisions.

As this lawsuit was just filed it is difficult to know what might come of it. The lawsuit is a reminder, however, of how difficult and complicated the Social Security disability appeals process is. Those who are appealing claim denials may benefit from seeking legal representation.

Source: Associated Press, "Judges' lawsuit: Disability system 'in crisis,'" Stephen Ohlemacher, April 19, 2013

Our law firm in Washington, D.C., helps people fight for Social Security disability benefits.

SSA meets goal of employing over 1,500 judges

2013-04-18T20:04:42Z

Individuals who have been injured or who face an illness that makes them unable to work may be eligible for Social Security disability benefits. After filing a claim for SSD, these individuals then receive a determination indicating whether they were found eligible or not.

When someone is not immediately found eligible for Social Security disability benefits, there are still options available to them to ensure they are being treated fairly. In many cases, it may be appropriate to appeal the original determination.

]]> After an appeal is filed, a hearing will be scheduled before an administrative law judge. Recently, the Social Security Administration set a goal of hiring additional administrative judges to ensure the appeals process progresses in a timely manner. The SSA determined it would need 1,500 judges to meet the Social Security disability hearing needs this year.

The SSA has now reached its goal, as it currently has 1,566 administrative law judges ready to hear disability appeals. The Social Security Administration expects those judges will hear in excess of 830,000 hearings during fiscal year 2013. The SSA quickly added to its staff, as it only employed 1,334 administrative law judges as of December 2009.

Although the SSA has reached the number of judges it deemed necessary to manage its caseload, some are now concerned that budget cuts in the near future could have a negative impact. The SSA has reported that it will not hire any more judges until 2014. Until then, if additional judges are needed, the SSA can pull from its pool of newly retired judges to help ensure Social Security disability applicant's cases are heard in a timely fashion.

Source: Allsup, "Social Security Disability Program Reaches 1,500 Judges To Handle Disability Appeals, Allsup Reports," April 10, 2013.

New technology may help those with epilepsy

2013-04-11T19:30:14Z

A new medical development may someday help people in the Washington, D.C., area who have epilepsy, according to recent research. A team at MIT has developed what they are calling "wearable technology," a wristband with sensors in it that gather information and send the data to a computer. The technology is being developed for a number of various health applications, but the team recently learned that the bracelets do a great job of recognizing and reporting epileptic seizures.

In multiple controlled studies, the researchers have learned that the wristbands may be able to detect 100 percent of grand mal seizures before they occur. This is because the wristbands are able to detect and report very small changes in the surface of skin.

]]> In addition to detecting very large seizures, the bracelets may be able to detect small seizures, which might otherwise go undetected. This would be important because small seizures can still cause damage, and this way those who sustain them can seek treatment.

The developers are now working on developing a wristband specifically for people with epilepsy that would be able to provide them with a number of different types of alerts so that they will be aware of when to seek treatment.

Researchers also believe that it may be possible to develop similar wristbands for those who suffer from migraines, which can also be debilitating.

If this technology is reliable and becomes available it might greatly help those with epilepsy, and it may even allow some of those who are disabled by epilepsy to return to work in some cases.

Source: Innovation Trail, "Wearable tech full of potential for health care applications," Kate O'Connell, April 5, 2013

Our law firm helps people who are unable to work, including people with epilepsy, obtain Social Security disability benefits.

Are Social Security disability benefits available for Autism?

2013-04-05T18:33:30Z

Autism Awareness Day was celebrated this week on Tuesday. Autism is a condition that affects many families here in Washington, D.C., in a number of ways. One thing that many people do not realize is that having an autistic child can be very expensive. Insurance companies in Washington, D.C., do not have to pay for the diagnosis or treatment of autism, and this has led to bankruptcy for some families.

Thirty-two states do require health insurance plans to cover autism, and a handful of others are pursuing autism insurance reform. Washington, D.C., however, is not among these. Children or adults with autism may, however, be able to obtain Social Security disability benefits to help with their expenses.

]]> Autism spectrum disorders are often disabling. The autism spectrum is characterized by developmental disabilities that cause challenges with socialization, behavior and communication.

Treatments generally include various therapies, and early intervention is very important, but of course this care is very costly.

Children with autism may be able to receive Supplemental Security Income, if they are disabled and can show a lack of income. The parents' income will be taken into account in deciding whether children will qualify for SSI.

Adults with autism may be able to obtain Disabled Adult Child benefits. These benefits are available to those who become disabled before the age of 22, as long as their mother or father is either receiving Social Security benefits or died after working enough to be eligible for Social Security.

On International Autism Awareness Day, the organization Autism Speaks called on all 50 states to require insurance plans to cover autism. To obtain benefits, such as SSI, children likely need to have an autism diagnosis, and this can be very difficult for families whose insurance providers will not cover this.

Source: ABC News, "Autism Bankrupts Families, Emotionally and Financially," Susan Donaldson James, April 2, 2013

What disability benefits are available for children?

2013-03-28T23:35:07Z

Parents of children with disabilities here in the Washington, D.C., area may not be aware that there are several government assistance programs that are meant to relieve some of the financial burdens of parenting such children. The limits of the disability programs and the eligibility requirements are very complicated, however, and some parents become so overwhelmed and discouraged by this that they decide not to seek benefits.

However, it is important to ensure children have adequate financial support, and a recent news column described some of the key points of the main programs in order to help parents find their way.

]]> The two main programs are facilitated by the Social Security Administration: Social Security Disability Income and Supplemental Security Income.

Supplement Security Income, or SSI, is available to children under 18, or 22 if they are in school, who meet the following conditions:

They must not earn more than $1040 a month, or $1740 a month if they are blind
They must have a physical or mental impairment that is medically diagnosed and causes severe limitations
The condition must be expected to continue for at least one year or end in death

Social Security Disability Income is available to children of disabled parents and to those over 22 who have one parent who:

Receives Social Security retirement benefits or disability benefits or is deceased and had worked enough to qualify for Social Security benefits.

These criteria are the general guidelines for SSI and SSDI, but there are additional intricacies. The system is complicated and many claims are denied, but parents should not be discouraged. It is often possible to obtain disability benefits for children with the right legal guidance. Those who need assistance securing disability benefits for their children should consider seeking legal counsel.

Source: The Huffington Post, "Maximize Your Disabled Child's Government Aid," Jason Alderman, March 27, 2013

How would chained CPI impact Social Security disability?

2013-03-21T02:51:44Z

As Congress and the Obama administration continue to work on reducing the deficit here in Washington, D.C., the Social Security Administration continues to undergo scrutiny. The latest approach has been to suggest linking Social Security disability benefits to a chained consumer price index--essentially tying benefits to a certain measure of inflation, which would amount to a cut in benefits.

While those who are in support of this reform say that it would allow Social Security benefits to more closely match the cost of living, others say that it would have an unfair effect on the many people who receive disability and retirement benefits.

]]> Currently, annual Social Security disability and retirement cost-of-living adjustments are made using the Consumer Price Index for Urban Wage Earners and Clerical Workers, commonly called the CPI-W. The CPI-W measures price changes of consumer products, but does not include what consumers' reactions to price changes might be. The chained consumer price index measures changes in prices and also assumes that people will change their habits accordingly--buying cheaper cuts of meat and switching to generic items, etc.

The chained CPI historically rises at a slower rate than the CPI-W, meaning that if cost-of-living adjustments were tied to the chained CPI they would be lower.

It was estimated in 2011 that switching to the chained CPI would cut Social Security spending by $112 billion by 2021.

Many people argue that the chained CPI would actually lead to a significant decrease in income for those receiving disability benefits. This is because those who receive SSDI use their benefits for things like medicine and food, which tend to be fixed expenses.

Whether or not our lawmakers will choose to make this change remains to be seen. Social Security disability is a significant safety net for many Americans who become disabled prior to retirement, and it is important that the benefits are adequate. Those who need help securing benefits may need to seek legal counsel.

Source: Bloomberg BNA, "Chained CPI Would Unfairly Cut Social Security Benefits, Speakers Say," Kristen Ricaurte Knebel, March 12, 2013

Source: money.usnews.com, "How Chained CPI Affects Social Security COLA," Philip Moeller, Dec. 19, 2012

VA continues to struggle to get hold of disability claims backlog

2013-03-14T21:26:50Z

Residents of the Washington, D.C., area who have U.S. military service-connected disabilities may be able to obtain veteran's disability benefits. Unfortunately, just like with the Social Security disability benefits system, the Veterans Affairs Department is struggling to get a hold of a swelling backlog of disability claims. Because of this backlog, and numerous other issues in both the Veterans Affairs Department and the Social Security Administration, those who deserve benefits may be in for a long wait, or a wrongful denial of benefits.

The Veterans Affairs Department recently announced that it was installing a new computer program in the hopes of plowing through its backlog of disability benefits applications efficiently. VA officials attempted to show off the new system to congressional staff last week, however, and it failed to work. The failure led the lawmakers to question the department about whether it is going to be able to fulfill its promise of eliminating the backlog in 2015.

]]> In order to be considered "backlogged" a claim must be pending for over 125 days.

Disability benefits are supposed to be available through the VA to veterans whose injuries or diseases either worsened or were incurred during military service. In the past several years, however, the number of backlogged claims has increased from 180,000 to 600,000, according to the Associated Press.

The jump has been attributed in part to a spike in claims coming out of the wars in Afghanistan and Iraq.

Many people remain optimistic that the VA is getting its claim-handling back on track. It has reportedly become easier than it used to be to obtain veteran's disability benefits for medical conditions tied to Agent Orange, Gulf War Illness and post-traumatic stress disorders.

Social Security disability benefits and veteran's disability benefits do continue to elude many people who need and deserve them. Those who need assistance applying for such benefits or appealing a denial may benefit from legal counsel.

Source: Associated Press, "Lawmakers question progress on disability claims," Kevin Freking, March 13, 2013

Our law firm helps people apply for disability benefits and fight denials in Washington, D.C., Baltimore, Maryland, and surrounding areas. More information about our practice is available on our Social Security Disability Benefits website.

Tax breaks available to those collecting Social Security benefits

2013-03-08T17:23:45Z

It tax season and many people in the Washington, D.C., area are scurrying to gather all of their financial documents and research the various tax laws. Filing annual tax returns is a very complicated process, and many people choose to do so with the assistance of a tax professional. The IRS recently published some information that should help those with disabilities become aware of the various tax benefits available to them.

In fact, there are tax credits or benefits available to not only people with disabilities, but also parents of children with disabilities and the spouses of people with disabilities.

]]> The following are a few of the tax benefits that may be available to those with disabilities and their families:

Many disability benefits are not taxable, including Veterans Administration disability benefits as well as Supplemental Security Income. These should be excluded from one's gross income, which will result in a lower taxable income.
Those who have a disability that limits their employment might be able to claim expenses that are necessary for them to work.
Those who are younger than 65 and have retired due to a permanent and total disability are able to claim a credit that is for both the elderly and the disabled.
Those who have physical or mental disabilities may be wise to itemize their deductions in order to deduct medical expenses.
People who are blind might be entitled to a deduction that is higher than the standard deduction.
If you are paying someone to take care of a child or spouse who is disabled so that you can seek work, you may be able to claim a Child or Dependent Care Credit.

Those who have questions about these tax tips and other tax issues may be wise to seek information from IRS publications, or to work with a tax specialist. Similarly, those who are disabled and would like to obtain disability benefits would be wise to work with a Social Security disability professional.

Source: Clarksville Online, "IRS says Tax Benefits available for those with disabilities," March 1, 2013

Our law firm helps people in the Washington, D.C., area obtain Social Security disability benefits.

U.S. Census Bureau releases data on disabled Americans

2013-02-27T22:40:22Z

Many residents of the Washington, D.C., area may have heard the recent news reported that about one-third of all Americans who receive government assistance claim to be disabled. According to the U.S. Census Bureau, in 2011 about 20 percent of the U.S. population received a form of government assistance, and of those 46 million people, just over 30 percent reported a type of disability.

The U.S. Census Bureau report is the first of this type, which makes it impossible to compare whether this represents any increase in the real number of disabled Americans. The Census survey reportedly asked people whether they have any difficulty seeing, hearing, walking, remembering, climbing stairs, concentrating, bathing, dressing or running errands, according to the Wall Street Journal. Those who answered "yes" to any of those questions were counted as having a disability.

]]> Of course, in order to be actually considered to have a compensable disability in order to obtain Social Security disability benefits or Supplemental Security Income, one must do a lot more than simply answer "yes" to one of those questions.

So, while this U.S. Census report may be interesting, it does not quite provide enough data about the disabilities of Americans.

In order to be considered as disabled by the Social Security Administration in order to obtain benefits, the SSA must have proof that you are unable to work. The SSA generally considers people disabled only if they cannot do the work they did before, cannot adjust to other types of work due to a medical condition and their disability is expected to last at least one year.

It is necessary to provide the SSA with quite a bit of documentation in order for it to make this determination, and it is very easy to make mistakes during the application process. Many SSDI applicants benefit from working with a Social Security disability attorney during this process.

Source: The Wall Street Journal, "About 30% of Benefit Recipients Are Disabled," Neil Shah, Feb. 26, 2013

Social Security disability benefits involve complex requirements

2013-02-22T17:04:18Z

Social Security disability benefits come with strings attached--in the form of a complex web of rules and regulations that can result in a cancellation of benefits if one gets stuck.

One complicated and stringent rule that comes with disability benefits is the requirement of reporting income. Those who receive benefits must report any income they earn from working, because if that income reaches a certain level the benefits may be reduced. The manner of reporting income, however, can be incredibly confusing. One woman who accidentally misreported her income for years recently lost the Social Security disability benefits she needs to support herself and her two sons due to the error.

]]> The single mother, who has a learning disability, worked as a part-time dishwasher earning $9 an hour. To make ends meet, she and her two children received a combined monthly Social Security benefit of $1,351 per month.

The woman reported her dishwasher income to the Social Security office that was in charge of her children's Supplemental Security Income, but in fact--unbeknownst to her--she was supposed to also report the information to a Social Security disability insurance office. Because she was misreporting this information for years, the Social Security Administration ultimately learned that it had been miscalculating her benefit payments, leading to a total overpayment of $34,895. As a result, it suspended her benefits immediately.

If she had reported her income to the proper offices, she would have simply received an adjusted benefit. She is now appealing the SSA's decision to cancel her children's SSI benefits.

Source: News Chief, "Miscalculation Threatens Family's SSI Benefits," Eric Pera, Jan. 27, 2013

Social Security may stop using term 'mental retardation'

2013-02-16T00:53:51Z

While few people in the Washington, D.C., area use the term "mental retardation" the Social Security Administration still uses it in its disability policies. Two years ago, Congress moved to change the language to "intellectual disability" in all federal education, health and labor policies, but the SSA was not required to do so. It announced late last month, however, that it will likely also make the change.

The SSA has stated that it would like to make the change because of the negative connotations associated with "mental retardation" as well as the misunderstandings that surround the term. Additionally, the SSA would like to remain consistent with the concerns that Congress expressed two years ago.

]]> Now that the SSA has proposed changing its language to "intellectual disability," a 30-day public comment window has ensued. After this the agency will be able to implement the change.

It is important to note that the SSA is only changing language; it is not making any amendments to the ways in which SSDI claims are evaluated for those with intellectual or developmental disabilities.

Of course, keeping the language as accurate and respectful as possible is a very important step in protecting the civil rights of those with disabilities, as the CEO of The Arc, Peter Berns, noted in a news article on the topic published on disabilityscoop.com.

Those who have various intellectual disabilities may be able to qualify for Social Security disability benefits or Supplemental Security Income. Berns stated that because so many people with disabilities do rely on SSDI benefits as a lifeline, it is very significant that the SSA makes this change to promote human rights.

Source: Disability Scoop, "Social Security Proposes Dropping 'Mental Retardation,'" Michelle Diament, Jan. 29, 2013

Our law firm in Washington, D.C., helps people obtain Social Security disability benefits. More information about our practice is available on our Social Security Disability website.