If you disagree with the Reconsideration decision, the next step in the Appeals Process is the to go before the Administrative Law Judge. The Hearing is an informal process, but an audio recording is made of the proceeding. A written request is made for a Hearing within 60 days of receipt, not t...
When the Social Security Administration makes a determination on your claim, they will send you a letter explaining why they made their decision. Should you disagree with their decision, based on medical or non-medical reasons, you should appeal. You will need to explain the reasoning behind your...
On April 23, 2020, Governor Greg Abbott announced that Texas Health and Human Services Commission (HHSC) will receive almost $54 million in federal funds to help older Texans and people with disabilities during this COVID-19 pandemic. Funding supports programs and services managed by the Texas' 2...
On Wednesday, April 22, 2020 the Social Security Administration released its annual report regarding the status of Disability Insurance funding and Old-Age Survivors Insurance. Both Trust Funds are projected to be depleted by the year 2035, with a 79% benefits payable. Last year's estimate for d...
Believe it or not, the Social Security Administration's Appeals operations is one of the largest official administrative legal court systems in the world. The world. Over 500,000 hearings and appeals are decided each year. Knowing that the Agency has this many disposi...
The ABLE Act was signed into law in December 2014. It is a law that limits eligibility to persons with significant disabilities whose onset date was before the age of 26 years old. If a person is already 26, meets this requirement, and receives SSI or SSDI benefits, they are automatically eligibl...
Electronic Records Express is offered by Social Security and state Disability Determination Services (DDS) to for submission of disability claims, health and school records, by electronic means. Once a request is made for health, school records or other pertinent information about a person who i...
When children are applying for disability benefits, it is helpful for health and school professionals to know the Social Security disability determination process. Importantly, how central it is for timely and complete submission of medical evidence, school records, and other pertinent informatio...
If you're working and are disabled or become disabled, you should approach your employer about having reasonable accommodations in place for you. Employer accommodations will make your job, or should at least, easier for you. The Americans with Disabilities Act requires employers to provide emplo...
Another update has come from the Social Security Administration announced on 04/15/2020. Those who receive Supplemental Security Income (SSI) will receive their payments automatically from the Treasury Department, no later than early in May. Payments are automatic for recipients without qualify...
The Social Security Administration has been automatically generating annual Cost of Living Adjustments. Prior to 1975, Social Security benefit increases were set by legislation. Now, Social Security annually increases Supplemental Security Income (SSI), due to the increased cost-of-living (COLA),...
The Centers for Medicare have opted to expand Telehealth services for Medicare recipients during the Corona Virus. These services can be received in your home, a healthcare facility, your doctor's office, nursing home or a health clinic in a rural area. Participating health care practitioners in...
If you have End Stage Renal Disease (ESRD), that is your kidneys are no longer working and you need regular dialysis treatments or a transplant, then you may be eligible for Medicare no matter what age you are. Other factors which affect your eligibility include whether you have met the required...
As of Friday, April 10th, there is new guidance per the Social Security Commissioner on payments for Social Security Income (SSI). There is a new tool on the web to expedite your registration for a stimulus check if you don't file taxes. Of special interest if you have dependents under 17 years ...
SSI for Noncitizens is available, if you are eligible as a non-citizen under the following status provisions: You are a Lawful Permanent Resident (LPR) You have been granted a Conditional Entry status You have been paroled or in lieu, admitted as a refugee in the U.S. You have been granted ...
Social Security has a separated listing of Compassionate Allowances https://www.ssa.gov/compassionateallowances/conditions.htm Compassionate Allowances is a program to https://www.ssa.gov/compassionateallowances/index.htm assist the Administration in ascertaining quickly, whether Social Security...
Disabled children from birth to age 18 may be eligible for Supplemental Income benefits (SSI) as long as they have little or no income or other assets. The definition of disability is just as narrow for a child as it is for an adult. The definition is a legal one : (1) The child must have a dis...
The Social Security Administration has provided a payments schedule for 2020. It's advisable to review everything you need to know about your benefits as well, including contacting Social Security if you have further questions. Here is how Social Security pays your benefits: (1) Those born on...
If you are a widow, and your spouse is eligible to receive Social Security you may receive survivor benefits at the age of 60. If you choose to remarry after you reach age 60, 50 if you're disabled, it will not affect your eligibility to receive survivor benefits. You may be able to begin rec...
The Americans with Disabilities Act of 1990 or ADA is a law based on civil rights that prevents discrimination based on a disability. This Act initiated into the mainstream workforce workers who had an impairment(s) who would not otherwise have been hired. There are myths about persons with dis...
Let's say that you drink alcohol, in fact you're abusing alcohol, and you have a disabling liver condition. The test becomes this: You stopped drinking which then restored your ability to work. Therefore, your alcoholism is a material factor or cause of your disability. However, if you stopped dr...
The Administration reviews all the medical evidence you provide in support of your claim. An opinion from your treating physician that you are unable to work or that you have a disability, does not necessarily mean that you're disabled. Of course those who review your file and the trier of fact...
If you decide not to follow your prescribed treatment and you do meet the requirements for disability benefits, you won't be entitled to benefits. There is a three-prong test to determine whether you have failed to follow your prescribed treatment. First, you have been found to be disabl...
At some point you're going to need to contact the Social Security Administration by phone. Waiting to speak with a representative may be time consuming, and also may require exercises in developing patience. The Social Security Administration is a sizable operation, with multiple programs. Wh...
“Why can't you work?” I have, to date, in every Hearing, observed the Administrative Law Judge's unwavering interest in a Claimant's case. When asking this sort of question, what the judge may be interested in knowing is “How well are you doing, now that it's ...
If you have any questions about any aspect of your disability claim, a denial or filing Bankruptcy, contact the Law Firm of Madeline M. McIntosh today at 469-678-7274 or [email protected].
