My husband filed an appeal in Jan. of 2006. We have not had an appeal hearing nor is one scheduled. We were told that it could take up to 2 years for an appeal hearing is this true? How can we move it along (or can we)?
–Theresa

Jonathan Ginsberg responds: Theresa, thanks for your question. Unfortunately, what you were told about the delays in the system is correct. You may be waiting as long as two years to get a hearing.

Right now, Social Security has a lot of administrative problems. There are not enough judges and Congress has actually cut the Social Security Administration’s budget. In recent testimony before Congress, the Commissioner of SSA told Congress that she needed to hire more than 100 judges, but there is no money to do so.

Social Security is also attempting to eliminate paper files in favor of electronic (scanned document) files. At the same time, they are rolling out a new appeals process.

In my view, the delays and confusion will get worse before it gets better. For claimants like your husband, there is not much you can do other than to continue to treat with his doctor and to keep your lawyer updated as to changes in treatment or medicine.

You may also want to contact your U.S. Representative or U.S. Senator’s office to ask if they can write a letter to your local hearing office about the status of your husband’s case. Sometimes a letter like this may speed things up.

[tags] SSDI hearing, Social Security delays, Social Security appeals [/tags]

I applied for SSDI and SSI benefits in March of 2006. I understand there is a 5 month wait period before benefits are awarded. I was requested to take a few "Consultative Exams" in December of 2006, 9 months after I initially appied for benefits, and my attending physician for Juvenile Diabetes sent SSA the information they requested in a timely manner. My question is if there a time limit for SSA to request a CE from the date of the initial application?
–Don

Jonathan Ginsberg responds: Don, thanks for your question – you raise a number of interesting points. The short answer to your question is "no," there is no time limit for SSA to request a CE following the date of the initial application.

SSA may have internal policies with suggested time limits for requesting a CE but I know of no formal requirements.

You make the point that you applied 9 months ago. I have found that some adjudicators are reluctant to approve a case until the claimant has been disabled for at least 12 months. The law says that you must be unable to engage in substantial activity (i.e., work) or that your condition is likely to keep you out of work for 12 months. Some adjudicators feel uncomfortable about recommending an approval for a person who has not actually been out of work for 12 consecutive months.

I have seen a few cases where the adjudicator kept the file on her desk until the 12 month date passed then approved. I also think it is a positive sign that SSA is scheduling consultatives for you.

[tags] substantial gainful activity, consultative evaluation, social security disability, 5 month waiting period, disability adjudicator [/tags]

I filed for disability in 2001 and have not worked since. I recently received a favorable decision-the judge said I was disabled from 2003-now they say I do not have enough credits. I ahve worked and had plenty of credits now they say all I can get is SSI-did I lose my credits since I have been off work since December of 2000 AND the judge just gave me a favorable decision in 2006 but said I was disabled since 2003? thanks
–Tana

Jonathan Ginsberg responds: Tana, thank you for your question. I think that you need to find out more about your earnings account with Social Security. In order to qualify for SSDI (disability) you must have enough earnings to be "insured" for SSDI. For most adults, you must have 20 earnings credits over the past 10 years.

Every year, SSA publishes a table setting out how much you must earn to gain a "credit." For 2006 you needed $970 for one credit, $ 1,940 for two, $2,910 for three credits and $3,880 for four credits. You can earn only four credits in any calendar year, however, your earnings do not need to be spread out of the year – if you earned $3,880 all in January, 2006, you would be covered for the year.

For 2007, $1,000 earns you one credit, $2,000 – two credits, $3,000 – three credits, and $4,000 – four credits.

I set out the earnings and credit requirements on a special page of this blog.

Because SSA looks at your earnings over a rolling ten year period, you need to find out two dates – the date you were first insured for SSDI and the date you were last insured for SSDI.  If your disability commenced within this date range you would qualify for SSDI.

I sometimes see a situation where a claimant stops working but waits several months or even years before filing and SSA uses the date of the application filing as the "onset date" instead of the date that the claimant stopped working.

In other cases, which may be what happened here, the judge will change the onset date to a date where he feels that the evidence supported your disability. If a judge proposes this in a hearing, I always ask for a brief recess to discuss the consequences before accepting the change. I have also seen judges issue partially favorable decisions with changed onset dates.

You have the right to appeal a favorable or partially favorable decision if you want to argue for an earlier onset date. Because these calculations can be somewhat tricky, I would strongly advise that you seek an experienced disability lawyer to discuss your options in this regard.

[tags] title II disability, social security disability earnings requirement, date last insured [/tags]

I am being sued for a debt my brother made on my charge card. I previously was to court and won a judgment on him and I have receipts to prove his charges. I would like some advise on what i should do about my disablity, pension going into the same account. It would be too obvious to move them to another account now. Help
–Loretta

Jonathan Ginsberg responds:  Loretta, I do not think it is too late for you to set up a new bank account.  As you probably know, your Social Security disability check cannot be garnished by a credit card judgment creditor.  This protection remains even when your money lands in your bank account.  I would certainly consider setting up a new account just for your Social Security direct deposit.

You are wise to be concerned, however, that mixing your Social Security money with pension money could be a problem.  I would not trust a bank to know how to separate the funds in your account, especially if you use those funds for living expenses.

You can and should speak to the bank about this.  Perhaps the bank has a policy not to honor a garnishment at all if there is Social Security money involved.  Similarly, your State may have laws protecting pension money.

I also think you might want to speak with an attorney about how to handle the lawsuit.  It seems to me that you might have the right to cross claim your brother so that any judgment issued would go against him and not you.

The bottom line here is that there are a lot of options and you would be smart to consult with a lawyer before you miss any deadlines.  I see from your zip code that you live in New Jersey – most big cities have local bar associations and lawyer referral panels.  I would look to find a lawyer as soon as you can.

[tags] social security money and credit card judgment, social security and garnishment, prohibition against seizing social security money [/tags]

I want to know if a person from California who is collecting SSI and wants to move to Washington State, does he have to start over with an SSI claim in Washington State?
–Ellie

Jonathan Ginsberg responds:  No,  you do not have to start over.  Social Security is a federal program.  Once you are approved for either SSI or SSDI, your benefits follow you no matter where you live.

You should however, make sure to notify Social Security about your move so they have a valid address for you.  You should also continue to seek medical treatment for your disability so that you will have an on-going medical record in case SSA reviews your claim.

[tags] moving to a new State and SSI benefits, notifying Social Security about a move, continuing disability review [/tags]

The December, 2006 issue of the NOSSCR Forum newsletter contained an interesting article about how a disability attorney might want to develop an approach in a multiple sclerosis claim.  NOSSCR, by the way, is a national advocacy and education organization for Social Security claimant’s representatives.

Multiple scleroris is a debilitating disease of the central nervous system in which the myelin sheaths that protect nerve fibers is lost and replaced by scar tissue.  Symptoms of MS include poor balance and staggering, blurred or double vision, pain and altered sensations such as pins and needles or "electric shock," and cognitive impairment.

MS symptoms develop over time and sometimes an MS patient will experience periods of remission.  This "waxing and waning" of symptoms can be problematic in a Social Security case because Social Security looks for a specific onset date for a claimant’s disability.  The NOSSCR Forum article referenced the Anderson case from Michigan.   In this case, Ms. Anderson experienced her first debilitating episode of MS in April, 1998, and thereafter had minor episodes.  Her next major flare-up occurred in February, 2003.  Ms. Anderson stopped working after her April, 1998 episode.

Unfortunately, Ms. Anderson’s insured status for Title II Disability expired in December, 2001.  She applied for SSDI in September, 2002 alleging an April, 1998 onset date.  The ALJ (Administrative Law Judge) denied the case on the grounds that Ms. Anderson’s condition improved sufficiently after April, 1998 to allow her to return to work.  Ms. Anderson appealed and won at the federal magistrate court level, but SSA appealed.  The case eventually found its way to the Federal District Court.  Fortunately, Ms. Anderson was represented by an experienced SSDI appellate lawyer, Clifford Weisberg.

The Federal District Court sided with Ms. Anderson in concluding that the ALJ erred in placing undue reliance upon the "brief and temporary interruption of the plaintiff’s progressively disabling condition."   The ALJ erred in relying on the claimant’s activities during periods of remission as evidence of her ability to perform competitive work.

The Federal District Court judge reasoned that MS is a disease that requires what is known as a "longitudinal" evaluation.  Evidence of the 2003 serious flare-up, though occuring after the date that Ms. Anderson was last insured for Title II, was relevant in that this flare-up was relevant to understanding the nature of the disease.  In other words, the Federal Judge concluded that once the claimant demonstrated that her disease was progressive (two severe flare-ups within four years), the remission period should be seen as a temporary exception to the disease and not evidence of a claimant’s ability to work ongoing.

Generally, Social Security judges do not look too closely at medical evidence for treatment after the claimant’s date last insured for Title II – in cases involving progressive diseases like MS, this newer evidence should be given a longer look.

I think that decisions like the Anderson case will be important in any number of cases involving progressive diseases, including MS, AIDS, Hepititis, muscular dystrophy and Parkinsons’ Disease.  Judges will have less discretion in pushing back the starting date for benefits because of a brief remission period.

[tags] multiple scleroris and social security disability, MS and disability, onset date, Anderson v. Commissioner of Social Security, Clifford Weisberg, progressive diseases and SSDI [/tags]