How do I Survive Financially while Waiting for my Social Security Disability or Supplemental Security Disability Benefits case to be Settled?

Posted on August 9, 2010 by Editorial Board

Getting a decision regarding your Social Security Disability or Supplemental Security Disability benefits can sometimes take a very long time.  This long wait can cause severe hardships for many families since disabled claimants are, by definition, unable to work on a full-time basis.  Typically, returning to work, even in some cases on a part-time basis, is tantamount to admitting you are not disabled.  How are families supposed to survive financially while waiting for benefits to be approved?  One tip is to check with the utility companies servicing your area.  Often, they have programs offering utility assistance for low-income or disabled customers.  You may also benefit from contacting an adult services social worker at your local Department of Social Services Office.  They may know of local or federal programs offering assistance with medical or prescription coverage.  Also, check in with local county hospitals.  Many of them may offer programs for indigent medical care for patients living within their areas.  Additionally, file for any benefits you may be entitled to as soon as possible.

You may be eligible to receive food stamps, public housing, or Medicaid.  If you are represented, contact your attorney or advocate’s office and let them know you are having problems paying for health care, medical prescriptions, and rent or utilities.  His or her office may be aware of programs that offer assistance with those services.  Additionally, your advocate may be able to assist you in requesting that your claim be processed faster due to dire needs.  Try to provide your advocate or his or her office with a copy of any eviction notice to forward to the Social Security Administration with the Dire Need letter.  If you do not have an advocate, write the letter on your own, include a copy of the eviction notice, and mail it to the appropriate Social Security office.  Finally, if you have equity in your home, you may want to look into refinancing your home payment, refinancing your debts or drawing on an equity line of credit.

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Will There Be a 2010 Cost of Living Allowance (COLA) Increase for People With Disability Benefits?

Posted on August 9, 2010 by Editorial Board

For the last thirty years, recipients of social security disability payments have, each year, received an increase in their benefits. This increase is known as the cost of living increase.  Each year inflation is assumed to increase the cost of food, shelter and other expenses, so too in turn does the benefits granted.

In 2010 there will be no COLA increase for those who receive disability benefits. The global financial crisis means that there has been no inflation, so the cost of day to day life has not increased. The COLA is based on a formula that is very similar to the consumer price index, although they are not exactly the same. No growth in the economy in recent times means that this formula has determined that disability payments will remain static. Forecasts predict that there will likely be no increase in 2011 either.

While some costs of living, such as gasoline prices and energy costs have dropped, people who receive a disability payment often spend a large amount of their income on medical costs. These costs have in turn increased. While the consumer price index has not increased, the reality is for many people living with a disability that the true cost of living actually has.  For that reason we think it’s a shame that the COLA will not increase for people on disability.

Many have criticized the decision to not increase benefits in 2010.  Fifty seven million people receive social security payments around the country, fifteen million of these are on disability benefits. This money goes back into the economy when spent, and so some economists have even called the decision detrimental to the US economy.

Are You Eligible for A $250 Payment?

By law, the COLA must be in line with the consumer price index. This means that if there is no inflation then payments cannot be increased. The laws surrounding this which were created in 1975 are quite rigid. In an attempt to increase the income of recipients of social security, the Obama administration is seeking to have a one time payment of $250 awarded, among others, to those who receive disability payments.

The last COLA increase was around 5.8%, while the one time payment is the equivalent increase of 2%. So while it’s less than half of what some may have been expecting, it is still a welcome payment for those who are struggling to meet the cost of living on disability payments. The $250 payments to all who get Social Security benefits will total around $13 billion.

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I Was Approved for VA Disability, Will I Also be Approved for Social Security Disability?

Posted on August 9, 2010 by Editorial Board

Being approved for VA benefits does not mean your social security disability claim will be approved.  The VA approves or denies benefits based whether the impairment originated while the claimant was engaged in military service and gives percentages as to the level of disability.

Social security disability claims are based on the severity of the injury and whether a claimant cannot work for a minimum of twelve months.  In a social security disability claim, you are deemed either disabled or not disabled, there are no percentages involved.

Further, an Administrative Law Judge or disability examiner will not take into consideration whether the impairment originated while in the military.  Medical evidence obtained from a VA claim can be used to prove the severity of the impairment, and the ratings the VA give carry some weight in a social security disability claim, but they do not guarantee success.  The Social Security Administration applies its own standard in determining disability, and is not bound by the findings of its sister agency, the Veteran’s Administration.

Key take away information from this article:

  • Social Security Disability and VA Disability are different sets of rules and laws to determine disability.
  • Being disabled under VA rules does NOT mean you will be found disabled under Social Security rules.
  • VA disability assigns percentage disability ratings, Social Security is really all or nothing, you are either 100% disabled or not disabled.
  • VA disability only looks at service connected impairments, Social Security looks at all severe impairments.
  • If you have been found disabled under VA rules, be sure to share your VA documents and medical records with your Social Security Disability lawyer or representative as the basis for how the VA found you disabled could be helpful to your Social Security Disability case.
  • Finally, be sure to include your military service on your Social Security Disability application and forms, most ALJs will appreciate your service and it could help your credibility in a disability hearing.
Posted in Basics of SSD, Questions & Answers, Why People Are Denied, Winning Disability Benefits | Comments Off on I Was Approved for VA Disability, Will I Also be Approved for Social Security Disability?

Are there Certain Physical and Mental Medical Conditions or Illnesses which Always Result in an Award of Benefits?

Posted on August 9, 2010 by Editorial Board

There is a list of certain physical and mental medical conditions or illnesses which Social Security uses when evaluating disability claims.  If you have a medical condition which is on that list, and which is proven by medical evidence  you can be awarded benefits based on your medical conditions alone without demonstrating that you are unable to perform your prior work, or that you are unable to perform other jobs that exist in the national economy.  However, you must be able to prove that your physical or mental condition MEETS or EQUALS the impairment as listed.

Each impairment has very specific requirements, and it is not enough to show, for example, that you have epilepsy.  You must show that your epilepsy reaches a certain level in terms of a grand mal or petit mal seizures despite the administration of appropriate medication.

The same is true for every other medical condition included in the list of impairments.  In a limited number of situations it is possible to obtain a finding that your medical condition  EQUALS a listed  medical impairment but this finding requires evidence from a medical expert in the social security disability process, and is a rare occurrence.

Initial and reconsidered applications are often awarded based on the claimant meeting a listing.  This is much more rare in hearings though, where the vast majority of claims, even those that are awarded, will not meet a listing.  You can review the listings themselves at Social Security’s website, but they are in legal code format so they are not very easy to read and understand.  Getting help with the listings, and evaluating your case against the listings is another good reason to work with an experienced Social Security Disability lawyer.

Listing arguments, as mentioned before, need to be well supported by medical evidence in the record as well.  This is yet another reason you need to give Social Security or your representative a complete list of every medical provider you have seen for several years, forgetting about a doctor could leave out critically important records that may have been able to help your case.

Posted in Disabling Conditions, Mental Conditions, Questions & Answers, The Listings (Step 3), Winning Disability Benefits | Comments Off on Are there Certain Physical and Mental Medical Conditions or Illnesses which Always Result in an Award of Benefits?