Jan Dils Social Security Lawyers | Jan Dils Social Security Lawyers

Important information regarding the Social Security COLA

Jon Corra — Wed, 21 Jan 2015 21:19:41 +0000

It’s that special time of year when our calendars change and we have to think just a little harder when writing the date. While the New Year is often a time when we are thinking of resolutions and new beginnings, it’s also important to think about your finances for the year ahead. If you are receiving Social Security Disability then you likely noticed a small increase in the amount of your disability payment this month. This is because of the annual cost of living adjustment by the SSA. Recipients should notice a 1.7% increase in their benefits because of the cost of living adjustment, or “COLA” as it is often called.

According to the SSA, more than 58 million individuals will be affected by this increase. However, you may be curious as to how this is determined. The SSA states that it is determined The SSA website states that it is tied to the increase in the Consumer Price Index as determined by the Department of Labor’s Bureau of Labor Statistics.

If you would like more information regarding the COLA, check out the full information on the SSA website. To learn more about what we can do to help you get the social security benefits you deserve, call us toll free: 1-877-526-3457.

How to get the social security benefits you deserve: Lesson One

Jon Corra — Mon, 01 Dec 2014 14:41:00 +0000

Let’s face it, applying for social security can be a pretty daunting process. Some people will put off applying for benefits because they aren’t aware of how the process works. Well, if you have the right people helping you with your claim, the process can be quite simple. This is the first in a series of blogs and videos that will better explain the social security process as a whole. We are simply calling this series “How to get the benefits you deserve.”

In our first blog we will examine what happens when you first call our law office to speak to someone about benefits. Jan Dils Attorneys at Law has been around for 20 years. In that time we have been able to streamline our process. We have individuals in place who understand how social security works. These employees are referred to as leads and intake specialists. They are specially trained to determine eligibility for Social Security Benefits.

When you first call our office you will speak to a friendly receptionist. They will determine where to direct your call. If you are calling for the first time, and are interested in Social Security benefits, then the receptionist will transfer you to an intake specialist. The intake specialist will then ask you a series of questions to determine eligibility.

So, you may be wondering what kind of questions will be asked during this phone call. The important thing to remember here is that this is just your initial call. Nothing during this conversation should be too difficult. In fact, most of the information you likely know by heart. To better prepare yourself though, have your work history handy, as well as information regarding your disabilities. Often times just writing down your disabilities ahead of time will make the phone call go more smoothly.

Our employees will ask you about your work history, your medical history, and they will also ask about your income. These are all important factors in determining eligibility for Social Security Benefits. If they determine you are eligible for benefits then they will schedule you for an intake appointment. We will discuss the intake appointment in more detail during our next blog.

It's important to remember that you are not alone in filing for benefits. If you have questions about anything to do with social security disability, our friendly staff will be more than happy to answer those questions. When an individual is represented by Jan Dils attorneys at law,they have access to the knowledge and resources of a firm that has been in business for 20 years. This includes case managers, appeals clerks, hearing clerks, and of course attorneys.

If you would like to learn more about becoming a social security client of ours, or if you would like a free case evaluation, give us a call via our toll free number: 1-877-526-3457. If you'd rather be called at a later time, fill out this form now so that one of our specialists can give you a call.

How Does Car Ownership Impact SSI Benefits?

Jon Corra — Wed, 26 Nov 2014 14:55:58 +0000

I’ll be honest, when it comes to the Social Security process; I have a lot to learn. A recent transition in our firm has me now placed with the individuals who determine eligibility for new Social Security clients. For me it was kind of like what happened on “Lost” when they met “The Others.” In other words I am in unfamiliar territory. For the past three years I have only been around individuals who work in VA Disability. While I still work in the field of VA, I am now a part of the team that does all of the new calls for Social Security. What I do has not changed, just my environment.

I am an observant person, some may even say hyper vigilant, but I tend to pick up on things. One thing I picked up on in my new work space was that all of the people who evaluate social security clients were asking how many cars people owned. I happen to really like cars, so I was curious as to why this question was being asked. Unfortunately I found out that we weren't building some sort of car database or organizing a car show. Instead, our social security leads employees are asking about the cars individuals own because it can affect Social Security Insurance benefits.

When it comes to Social Security there are two different programs; social security insurance (SSI), and social security disability insurance (SSDI). We have explained the difference between the two programs in the past, but it’s important to keep in mind that SSI is income based, and SSDI is based on work credits. You could have as many cars as Jay Leno and still possibly qualify for SSDI, but the same is not true for SSI.

Keeping a Disability Tracking Log

Lauren Ward — Mon, 17 Nov 2014 14:17:11 +0000

We are pleased to have a guest blogger sharing some of his experience with us today. Curtis Kearns has been with our firm for nearly three years. He has recently taken over the leadership position in our leads and intake pod. Before that Curtis worked as a case manager. In his time working with our current clients, Curtis learned a lot of great tips for anyone going through the Social Security Disability process. Today he shares a helpful tip for keeping track of your disabilities.

As a Case Manager, many clients ask me “how can I be helpful in getting my disability claim approved?” While there are many different ways, consistently logging and tracking your symptoms can be an excellent tool for documenting disabling conditions. Seizures, headaches, fainting spells, and IBS flare-ups are all common symptoms of medical conditions clients may suffer from on a regular basis but are not always reported to a doctor. A tracking log can help demonstrate the impact these conditions have on your daily activities and ability to work.

Keeping a tracking log is simple:

Use a premade tracking log, ask your Case Manager for help or create your own.
Document the time, duration and intensity of the symptoms (Ex: my migraine began 4/11/2014 at 3PM, lasted about 2 hours and was extremely painful.)
Include any triggers or events that might have contributed (Ex: bright lights, stress, noise.)
Describe what you did to alleviate the symptoms. (Ex: laid in a dark room, took medication, laid on your back.)
Describe any side effects before or after the onset of the symptoms. (Ex: Extreme fatigue after seizure, nausea before headache.)

Sometimes you might not be able to remember the information or complete the log when an incident occurs. Don’t panic! Ask a friend or family member who witnessed your symptoms to help you in completing the appropriate portions of the tracking log.

Once you’ve finished a tracking log, be sure to share the information with your Case Manager and your doctor. Remember, keep tracking! The more consistently you track your symptoms the more helpful the information can be in getting your claim approved. Tracking your conditions can also be an excellent tool to help you and your doctor better understand your conditions and possible triggers. Your Case Manager will review the tracking log and discuss it with you once you’ve completed it.

Have questions? Feel free to contact your Case Managers for assistance! If you would like to know more about becoming a client of ours, give us a call via our toll free number: 1-877-526-3457. If you would rather we call you at a different time, fill out this form now.

Filing Subsequent Disability Claims

Lauren Ward — Fri, 31 Oct 2014 12:59:51 +0000

In previous years, the Social Security Administration permitted subsequent claims, however; when two claims are pending at the same time there is much room for conflicting decisions. Subsequent claims may result in improper payments, increased administrative costs, and increased workloads stemming from duplication. Therefore, in 2011 the Administration decided that claimants will no longer be allowed to have two claims for the same type of benefits pending at the same time. Claimants have to choose between continuing the existing claim and starting a brand new claim when a decision is rendered less than fully favorable after an administrative law judge hearing.

Under the old law, you could appeal a decision to the Appeals Council and file a new claim for benefits at the same time. Under the new law, you must choose between an appeal and a new application if you are eligible to do so. But just as all rulings seem to have exceptions, this ruling is no different. The following items are exceptions to this rule:

If your current claim pending at the Appeals Council (AC) is for Social Security Disability Insurance (SSDI) only and you are now eligible to apply for Supplemental Security Income (SSI), you may file a new application for SSI benefits while your SSDI claim is still pending at the AC and vice versa.
If you have medical evidence of a new impairment, not previously present and addressed at your administrative law judge hearing, you may be able to file a new application for benefits based on this new impairment.

A common question amongst claimants is whether you can submit medical evidence to the AC since you can no longer file a subsequent claim. The answer is yes, however; the AC will make a decision on whether or not to include the evidence in their review. The following list addresses this issue:

If the medical evidence relates to the period of time on or before your hearing, they AC will review it.
If the medical evidence shows a diagnosis for symptoms present on or before your hearing, the AC will consider the evidence new and material and will review it.
If the medical evidence shows dire need, the AC may expedite their review.

If the AC does not feel your medical evidence is new and material, you will receive notice as to the reason they did not review it, however; you will also receive notice if the AC feels that the new evidence is just cause to file a subsequent claim while your pending claim is still being reviewed.

Subsequent claims have their pros and cons, however, you should note that regardless of this new ruling, claimants are still permitted to file new applications if their current claim is pending at Federal District Court. If you have questions on whether you are eligible to file a subsequent claim or questions regarding this ruling, please contact one of our representatives at 1-877-526-3457. If you would rather speak to someone at a later time, fill this form out now.

New Website Feature to Improve Client Communications

Jon Corra — Fri, 17 Oct 2014 13:20:34 +0000

There are nearly 3 billion people using the internet now. The use of smartphones has made logging on even easier. Did you know that 85% of smartphone users keep their phone within an arm’s reach at all times? We live a world that is connected. Jan Dils Attorneys at Law is no different. We’ve always embraced technology at the firm. This is especially true when it comes to making the Social Security Process better for our clients.

We are proud to introduce a new “Case Manager Contact” section of our website for our Social Security clients. It’s actually quite simple. We know that not everyone is available during normal business hours. Sometimes our clients need to contact us in the evening or the weekend. Well, that process is easier than ever with our contact form. If you need to update us on a doctor’s appointment, emergency room visit, or change of address, you have the option to do so via our website. Granted, urgent information should still be relayed to us by phone or in person.

Read more: Why It's important to stay in contact with your attorney.

The process is simple. Simply fill out the sections for your first and last name, the last four of your social security number, a valid email address, and then select one of the following: ER Visit, doctor’s appointment, or change of address. You will then be prompted to fill out additional information depending upon the option you selected previously. After everything has been filled out, simply select submit. We will then receive an electronic correspondence of your form.

In no way is this meant to replace phone calls or in person consultations. We simply wanted to provide another option to our clients who may not want to contact us by phone, or don't have the time. The better news here is that this is one of the first steps for our improved website tools for our current clients. Look for a lot more in the near future.

To use our new feature, click here.

All about the RFC form in a Social Security Claim

Lauren Ward — Thu, 02 Oct 2014 13:04:37 +0000

The residual functional capacity (RFC) form is an assessment of your ability to perform work-related activities considering all of your medical conditions. The RFC is a staple item in disability claims.

There are many types of RFCs. Some RFCs relate to physical impairments while others relate to mental impairments. Some medical impairments have an RFC form that relates specifically to that condition. But regardless of the medical condition you suffer from, it is important to encourage your medical provider to fill out these forms.

So, what if you have more than one doctor? The doctor best equipped to answer the questions related to your conditions should complete the RFC. For example, if you suffer from a heart condition and have both a general practitioner and a cardiologist, the cardiologist should complete the RFC if it specifically relates to your heart condition. If your cardiologist is unable or unwilling to complete the RFC, you should also ask your general practitioner.

The following list contains important information to consider when the Social Security Administration evaluates an RFC:

The RFC should be filled out completely and legibly. If the adjudicator cannot read the handwriting, it will bring no benefit to your claim.
The RFC should list objective medical findings to support the limitations reflected in the completed form. (i.e. diagnosed with rheumatoid arthritis in June of 2012)
The RFC should be supported by consistent medical records. In other words, your medical records from visits to your doctor should match the RFC. If the RFC does not have supportive medical records, the form may not hold as much value even if it reflects severe limitations.
Be honest with your doctor. Opening up can be very difficult for most, however; open communication with your medical provider regarding your symptoms and limitations will reflect in your medical records which can support the RFCs completed in the future.

It is important to remember that RFCs must not only reflect your inability to perform your past work but also any other type of work that you could perform. Many jobs must be eliminated in order for you to be found disabled under the law.

If you have additional questions on RFCs, please do not hesitate to contact our office at 1-877-526-3457. If you can't talk now, fill out this form so that we may contact you at a later time.

Can a "Non-Attorney Rep" actually represent me for my Social Security Case?

Lauren Ward — Thu, 28 Aug 2014 13:42:04 +0000

Did you know that the Social Security Administration does not require claimants’ representatives to be attorneys? Though a claimant has the right to representation, this representation may come from a non-attorney representative. Though these representatives have not passed the bar examination in order to assist claimants they are still held to the same standards as outlined by the Code of Federal Regulations and must become well-versed in Social Security law just as attorneys must.

These representatives are eligible to receive direct payment of representative fees by taking an examination approved by the Social Security Administration. The examination is given by a third party and includes various levels of questions from the code of ethics to how claims are adjudicated. The examination also includes examples of disability claims, much like a word problem, that the representative must match to the appropriate Social Security ruling.

It is very common to be uncertain about a non-attorney representative assisting you with their claim rather than an attorney, however; representatives and attorneys alike learn the law from the same book so to say. Representatives are very knowledgeable and though they didn't attended law school or pass the bar examination, you should not rule them out as being a competent representative.

This information is not provided to take away from attorneys. Attorneys have a very unique skill set, they are valued and they are very dedicated to their practice, however; it is very common to find a firm that employees non-attorney representatives such as our own.

If you wish to obtain further information on non-attorney representatives, please feel free to contact our office at 1-877-526-3457.

What if I'm "No Longer Disabled" at review?

Lauren Ward — Tue, 12 Aug 2014 12:51:49 +0000

Once you begin receiving disability benefits, you are not always guaranteed your benefits will continue indefinitely. The Social Security Administration will periodically review your claim to be certain that you still meet the requirements to be found disabled. Some reviews take place when a child turns 18 years of age and other reviews are recommended by an administrative law judge at the time a claim is adjudicated.

So what happens if you come up for review and are found ‘not disabled?’

You will receive notice that your benefits will stop on a particular date. This notice will also inform you of the date that the Administration feels you no longer meet the requirements to be considered disabled. At this point, you have two options:

You can appeal this decision by filing a Request for Reconsideration or,
You may agree with the decision and allow your benefits to discontinue.

If you file a Request for Reconsideration your claim will be sent to the Disability Determination Section (DDS). During this time, you may opt to continue receiving your monthly disability payments. In order to continue your benefits you must request this in writing within 10 days of your original benefit denial letter. Please note, any benefits received may have to be paid back if your claim is ultimately rendered unfavorable.

DDS will gather any additional evidence available or required in order to adjudicate your claim. If the adjudicator is unable to approve your claim, your will be scheduled a hearing with a hearings officer from DDS. Your hearing with the officer is very informal and they will go through the evidence in your file and ask you additional questions on why you feel you are still disabled. If the claim pertains to a child, the child’s parent or guardian will attend the hearing with the child and assist on answering these questions.

If the disability hearings officer renders your claim unfavorable, you will continue through the disability claims process. After you receive your denial letter from the DDS hearing, the next step is to request a hearing with an administrative law judge. Again, you may continue your benefits during this process.

Consistent medical treatment after you are found disabled is imperative to continuing your disability benefits. If you come up for review and you’ve been treating regularly and your medical providers can provide detailed documentation of your limitations, your benefits are more likely to continue.

If you wish you to learn more about cessation claims, feel free to contact our office at 1-877-526-3457 or visit Social Security’s website at www.ssa.gov. If you'd rather be contacted by a member of our staff, fill out this form now.

Self-Employment and your Social Security Claim

Lauren Ward — Tue, 29 Jul 2014 13:23:03 +0000

You can receive disability benefits while working, however; your monthly income must be below the current allowable limit. This limit is referred to as SGA, Substantial Gainful Activity. In 2014, SGA is $1070 gross income per month. This is easy to monitory and calculate when working for an employer, but what if you are self-employed?

If you are self-employed, you will fall under different regulations. As a self-employed individual you may work 70 hours a week and make $100 or you may work 2 hours per week and make $1000. The income amount of a self-employed individual rarely reflects the amount of time put into the job. As a self-employed individual you wear many hats and hold extensive knowledge that the Administration will place a value on, regardless if you receive immediate income or not.

The Administration will determine if you are engaging in SGA by three tests. The tests are listed below.

If you render services that are significant to the operations of your business and receive substantial income from the business you will be considered engaging in SGA.
1. Services are considered to be significant if you are not a farm landlord and you operate your business entirely alone.
2. If you do not operate alone, your services will be considered significant if you contribute more than half of your total time to management or if you work for than 45 hours a month rendering management services. This is regardless of the total management time that is required by the business.
3. If you rent farm land to another, your servicers are significant if you materially participate in the production or management of the things raised on the rented farm.
4. Substantial income is calculated after all deductions for expenses and the operations of your business is deducted and compared to current guidelines.
If your work activity in terms of hours, skills, energy output, efficiency, duties, and responsibilities is comparable to that of an unimpaired individual in your community who are in the same or similar business as their means of livelihood, you will be considered engaging in SGA.
If your work activity, even when not compared to an unimpaired individual, is clearly worth the SGA limit when considered in terms of its value to the business, or when compared to the salary that an owner would pay to an employee to do the work you are doing, you will be considered engaging in SGA.

As a business owner, you know that all of the money coming into the businesses can leave just as quickly. This is due to the multiple kinds of expenses you incur on a monthly, quarterly or even yearly basis. When applying for disability, you should be prepared to disclose all of your income statements and tax information to the Administration. This will allow the Administration to determine the appropriate amount that should be allocated to you which will directly affect whether or not you are considered to be working over the SGA limit.

If you are self-employed and are applying or have already applied for disability benefits and want to learn more, please contact our office at 1-877-526-3457. You can also visit www.ssa.gov and read the code of federal regulations as they relate to self-employment.

What is a trial work period?

Lauren Ward — Mon, 21 Jul 2014 12:30:30 +0000

If you are receiving disability benefits and want to test your ability to return to work, you are in luck. The Social Security Administration recognizes that returning to work is easier said than done. The trial work period (TWP) allows individuals that already receive benefits a chance to return to work without fear of their benefits ending.

The TWP allows you to work for 9 months without benefit interruption within a consecutive 60 month period after you begin receiving benefits. These 9 months do not need to be consecutive and if your earnings rise above a certain amount, then that month will be considered a TWP month. In 2014, the TWP amount is $770. This means, for any given month that you make $770 or more you will be using one of your 9 months.

The following 36 months after your TWP, your benefits will continue as long as your monthly income does not rise above what SSA considers to be substantial gainful activity (SGA). In 2014, the SGA limit is $1070 gross monthly income. For any month that your income rises above the current SGA limit, benefits will not be payable for that month. These 36 months are referred to as an extended period of eligibility.

Once your TWP and extended period of eligibility has ended, your benefits will stop if you continue to work above the current SGA limit. Fortunately, during the following five years you may ask for your benefits to be reinstated if you discontinue working due to your medical conditions. This process is called an expedited reinstatement of benefits.

If you decide to try working again, keeping the Administration “in the loop” is imperative. Any time you begin working, you should contact your local SSA office. You should be prepared to give your start date, the hours and duties of your position, the rate in which you will be paid and any impairment related work expenses that you are not reimbursement for. If your work changes at any time or if your employer provides accommodations for you, you should contact SSA immediately.

If you are considering a return to the workforce or have already began working and are seeking additional information on a trial work period, contact us at 1-877-526-3457. A representative will be more than happy to answer your questions!

How do transferable skills impact social security?

Lauren Ward — Tue, 15 Jul 2014 13:00:21 +0000

Did you know that the skills you acquired in your past work experience may have an effect on your disability claim? In order to be found disabled, you have to prove that you cannot return to your previous work AND any other type of work. Your ability to do other jobs is directly related to the skills you acquired in your previous job(s).

Some skills easily transfer into other professions, whereas many do not. If your work experience is considered to be unskilled or if you do not have a work history, you are said to have no transferable skills. This means that you do not have skills that could readily be transferred to another profession. The more transferrable skills that you have, the more jobs you will have available to you.

When trying to identify whether or not your job skills will be transferable, you must take into consideration how you performed your job. You may share the same job title as many others, however; your job duties may differ greatly. You may have more or less skills than others with the same job title as your own.

To help you get an idea of the type of skill level your work experience is said to have, you can research the Dictionary of Occupational Titles (DOT). The DOT outlines thousands of various jobs from receptionists to public transportation. The DOT will describe any specific educational requirements to perform the job, the exertional level of the job (sedentary, light, medium etc.) and the skill level.

The skill level in the DOT is referred to as the SVP, or Specific Vocational Preparation. The SVP is a rating scale and the higher you fall on the scale, the higher the skill level is said to be. The table below will demonstrate.

SVP

1 or 2

3 or 4

5 to 9

Work

Unskilled

Semi-Skilled

Skilled

Unskilled generally refers to a job that can be learned in a short period of time, typically less than 30 days and you do not have to use a considerable amount of judgment. Semi-skilled jobs require more judgment and alertness and will take longer to learn than an unskilled job. Skilled jobs generally take 6 months to many years in order to be proficient. Skilled jobs generally require interactions with others, higher complexity, educational requirements, etc.

An individual with an SVP of 1 or 2 is said not to have transferable skills. The regulations also state that you cannot move upward when identifying jobs that you could perform. In other words, if your experience falls as a 3, you cannot be expected to perform jobs with an SVP of 8. This is regardless of the number of jobs with an SVP of 8 available in the economy. It more likely to transfer into another profession with an SVP equal to your experience or a lesser degree.

Other jobs that are said to provide no transferable skills are those that fall into very unique, isolated professions. The transferability of skills is most probable when the same materials, machines, processes, etc. are used in other industries.

Recognizing that your acquired skills has an effect on your disability claim will help you better understand the decisions made by the Administration. If you have additional questions regarding transferable skills, please contact one of our representatives at 1-877-526-3457.

How did Social Security overpay me?

Lauren Ward — Tue, 01 Jul 2014 15:32:15 +0000

Unfortunately, many disability beneficiaries experience overpayments. The most common overpayment occurs when the beneficiary does not report earnings to the Social Security Administration. That does not go without saying that the Administration also makes errors in computing monthly payments and processing reported earnings.

If you have been overpaid disability benefits, the Administration will notify you in writing. This notice will explain how and when the overpayment occurred. In some instances, the overpayment may be several years old and/or be extended over a long period of time. In either case, the next step will be dependent upon how the overpayment occurred.

If you wish to challenge the fact that the overpayment has occurred or the amount of the overpayment, you should file a request for reconsideration. The request for reconsideration is most commonly used when impairment-related work expenses or subsidies are not properly applied by the Administration and in order to correct wage information. This should be filed within 60 days of your overpayment notice. You may also choose to submit a letter challenging the amount or existence of the overpayment. Once you have requested a reconsideration, all recoupment efforts will stop. The Administration is not to seek repayment until a final decision is made. If your request is denied, you will have a right to a hearing with the Administration.

Have you received a Notice of Award? Read More here!

If you agree with the overpayment but do not feel that you should have to repay the Administration, you should file a waiver of overpayment recoupment. There is no 60 day limitation when filing this waiver and it can also be filed along with the request for reconsideration. In order to file this waiver, you must be without fault and unable to afford to repay the overpayment without risking the ability to provide for basic needs or the recovery of the overpayment would be against equity and good conscience, meaning that you relinquished a valuable right relying on the overpayment. Recoupment by the Administration will generally stop when you file the waiver as well until a decision is made.

So, how would you be at fault? The regulations state that you will be considered at fault if one of the following applies;

You failed to furnish information which you knew or should have known was material, or
You made incorrect statements which you knew or should have known were incorrect, or
You did not return a payment which you knew or could have been expected to know was incorrect.

The Administration, when determining fault, will also take into consideration your disability, age, education and comprehension of reporting requirements. And keep in mind, others may be held liable other than the beneficiary such as an eligible spouse, a payee, etc.

If you are an SSI beneficiary, you are assumed to be unable to repay an overpayment in most instances and if the overpayment is $1000 or less and a waiver or appeal was filed, SSA can waive the overpayment as collection is assumed to impede efficient administration of the program. SSA may also waive an overpayment if the cause was due to excess resources of $50 or less.

In the event that you must reimburse the Administration as an SSI recipient, the reimbursement will generally be 10% or less of your monthly income. If you are an SSDI recipient, there is no 10% cap and could be as much as 100% but you may ask for a lower rate due to hardship. Keep in mind, regardless of program you receive payment from, 100% of your past-due benefits may be recouped. Also, if you are found to have willfully misrepresented information to the Administration there will be no 10% recovery limit if you receive payments from both the SSI and SSDI programs.

The best way to avoid overpayments is disclosing all information honestly and timely to Social Security. Be certain to keep receipts and be detailed in your documentations. And if you feel that you’ve received more money than you are owed, notify the Administration immediately prior to using the money.

If you have concerns about being overpaid or wish to learn more about your options, those that may be liable for overpayments, and other ways the administration may be able to recoup payment, please contact our office at 1-877-526-3457. If you'd rather be contacted by a member of our staff, fill out this online form.

What does a Federal District Court mean in Social Security Disability?

Lauren Ward — Tue, 01 Jul 2014 13:20:39 +0000

The Federal District Court (FDC) is the highest court of law that your disability claim will go to. All arguments made with the FDC are made in writing. You will not attend a trial or meet with an administrative law judge at this level. Matter of fact, the FDC will not decide whether or not you are disabled.

The FDC’s primary responsibility is to decide whether or not the law was properly followed by the administrative law judge that decided your claim. It could take up to 18 months or more to wait for a decision by the FDC and successful arguments to the FDC will result in a new hearing for you. In order to file an appeal to the FDC, your claim must have been unsuccessful at the Appeals Council.

It will generally cost you $350 to file in FDC, however, depending on your current financial state you may qualify for this fee to be waived at the time of filing. You will also not owe your representative more than the current allowable amount as defined by SSA. In 2014, this amount is 25% with a maximum $6,000. However; your representative may petition the courts and ask to be paid fees under the Equal Access to Justice Act, also known as EAJA. These fees, if awarded to your representative, will be paid for by the government and not by you. The amount of EAJA fees will be paid based upon the work put forth by your representative.

Though you may continue treating for your medical conditions, the FDC generally will not review your current medical records. The decisions made by the FDC will be based upon the medical evidence available at the time of your hearing that the administrative law judge based his or her decision on. However, in some cases you may be able to file a subsequent claim while your previous claim is pending with the FDC in which your current treatment records will be beneficial.

As stated previously, filing in Federal District Court requires an error in the law. This court will not decide whether or not you are disabled, therefore, arguments made must reflect a clear unmistakable error that could change the potential outcome of your claim.

If you have additional questions regarding the Federal District Court, please contact our office at 1-877-526-3457. If you would rather be contacted by a member of the Jan Dils staff, fill out this form now so that we can give you a call.

What are compassionaite allowances in Social Security?

Lauren Ward — Mon, 23 Jun 2014 13:20:26 +0000

The Social Security Administration recognizes several medical conditions as meeting the requirements to be found disabled. These medical conditions are listed on the Social Security website under the Compassionate Allowance Listings link.

Medical conditions that make the list are considered to be so severe in nature that the Administration allows these claims to be expedited. Fortunately, individuals suffering from one of these medical conditions generally do not have to wait long for a decision on their disability claim. These claims can be adjudicated within weeks of the initial application or within weeks of a diagnosis that is on the list if the individual has already applied.

So how does a medical condition make the list? The Administration, medical experts, disability adjudicators and the National Institute of Health will hold public Outreach Hearings in order discuss medical findings on conditions being considered. The hearings discuss the residual effects of the condition and when they are generally expected to begin. The residual effects of the medical conditions on this list are typically present for all of those who are diagnosed. If severe symptoms are only expected for a small percentage of those diagnosed, the medical condition is not likely to make the list.

If you have been diagnosed with a medical condition on the list, the Administration will automatically flag your claim. Medical evidence will be requested from your medical provider(s) documenting the diagnosis. A decision will be rendered shortly after your medical records has confirmed the condition.

You should be advised that the date your disability began is not always the date you were diagnosed with the medical condition on the compassionate allowance list. Be certain to read your decision letter. If you experienced significant limitations prior to your actual diagnosis, you may be eligible for additional benefits. It is very common to be awarded back to the date of your diagnosis rather than when your limitations started.

If you wish to learn more about the compassionate allowance listings or have questions regarding your claim, please feel free to contact our office at 1-877-536-3457. One of our representatives will be more than happy to speak with you. Additional information can also be found by clicking here.