Category Archives: General
WHAT WILL THE JUDGE ASK AT MY ALJ HEARING?
HIRE AN ATTORNEY TO HELP YOU PREPARE FOR YOUR ALJ HEARING Be prepared for your ALJ hearing. You should hire an attorney to help you be a good witness. You need to think about the answers to some basic questions before you arrive. The hearing is being held to determine not only if you… Read More »
Dianna Cannon, J.D. – Social Security Disability Attorney – Featured in Attorney at Law Magazine 2018
DIANNA CANNON, SOCIAL SECURITY DISABILITY ATTORNEY Featured in Attorney at Law Magazine, Dianna Cannon has been practicing Social Security Disability Law for more than 30 years. “I help people get their Social Security Disability benefits,” she explains. “I handle Veteran’s Disability cases and Black Lung Disability claims as well. But mostly, I handle Social Security… Read More »
CEREBRAL PALSY DENIAL
CEREBRAL PALSY & THE UNFAIR DENIAL Cerebral Palsy is a disability under SSA’s regulations, as long as the medical condition prevents you from working. Recently, an ALJ denied a claimant with Cerebral Palsy. He did this even though Social Security’s own doctors opined she could not work. The claimant filed for disability benefits stating… Read More »
SSA IS EXTENDING DEADLINES DURING COVID-19
SSA EXTENDING DEADLINES DURING COVID-19 If you received a letter from the SSA about extending deadlines during COVID-19, you may have some concerns. Do not worry. During this pandemic, the SSA is extending deadlines for requests for information, evidence, or call-in letters whenever possible. The SSA will not take an adverse action because you… Read More »
SSA ELIMINATES INABILITY TO SPEAK ENGLISH FROM RULES
The Trump administration is considering a new rule that bars a claimant’s inability to speak English as a factor in the disability review process. This is one of several cuts to the disability program that President Trump is pursuing as part of his assault on disability benefits. Or, what Trump considers to be the… Read More »
Check Your Earnings To Protect Your Future
SOCIAL SECURITY DISABILITY BENEFITS AND RETIREMENT The monthly amount of your Social Security Disability benefits and your future retirement benefits is based upon your earnings. You are responsible to check your earnings statement every year. Therefore, you must check your earnings to make sure they are properly reported to the SSA and IRS. When… Read More »
SSA ADDS FOUR NEW COMPASSIONATE ALLOWANCES
SSA Adds Four New Compassionate Allowances Conditions On August 19, 2019, the SSA added four new conditions to the list of compassionate allowances. The SSA has a list of conditions they consider disabling. This list is the Listed Impairments. Additionally, the SSA has a list of disabling impairments they consider to be automatically disabling…. Read More »
NEW YORK TIMES REPORTS DISABILITY MAY NOT BE A BARRIER TO WORK
IS DISABILITY A BARRIER TO WORK? On September 5, 2019, the New York Times published Ben Casselman’s article about disability and work. Casselman wrote, employers like Dell, started a program to hire people with autism. Kate Cosway, who has a master’s degree, was chosen by Dell for a 12-week internship, which is now becoming… Read More »
BANKRUPTCY COURT TO HEAR SSA OVERPAYMENT CASE
BANKRUPTCY COURT HAS JURISDICTION TO HEAR OVERPAYMENT CASE Overpayment cases are not normally heard by any judges outside of the Social Security Administration. However, the 5th Circuit, in Benjamin v. United States of America, (5th Circuit 07/26/2019), has ruled that the Bankruptcy Court has jurisdiction to hear a representative payee’s overpayment case. Benjamin, the plaintiff was… Read More »
Smith v. Berryhill – U.S. Supreme Court Reverses SSA’s Policy
SMITH V. BERRYHILL On May 28, 2019, the U.S Supreme Court issued a unanimous decision in Smith v. Berryhill, 139 S. Ct. 1765 (2019), reversing the Sixth Circuit’s judgment. The Sixth Circuit held that an Appeals Council dismissal was not subject to federal judicial review. But, the U.S. Supreme Court held that an Appeals Council’s… Read More »
DISABILITY BENEFITS: SSI OR SSD?
SHOULD YOU APPLY FOR SSD OR SSI DISABILITY BENEFITS? Social Security Disability benefits are monthly payments that support individuals who cannot work a full-time job and have a disability. There are two different SSA programs that pay disability benefits. Those programs are Social Security Disability (SSD) and Supplemental Security Income (SSI). Although both programs… Read More »
SSA Plans For CDI Units To Expand To Every State
The Social Security Administration plans to expand CDI units to every state. Below please find excerpts of a letter from Nancy Berryhill, Acting Commissioner, dated February 13, 2018, which explains their reasoning that they believe they have saved the agency billions of dollars. ___________________________ Expansion of Cooperative Disability Investigations (CDI) Units Progress Report (February 2018)… Read More »
MENTAL ILLNESS AWARENESS WEEK & NAMI
In 1990, Congress officially established the first week of October as Mental Illness Awareness Week. They did this to encourage people to work together and educate the public about mental illness. NAMI (National Alliance on Mental Illness), raises awareness about mental illness. They do this through public education and providing support to those with… Read More »
WHAT IS YOUR MONTHLY DISABILITY PAYMENT?
HOW MUCH IS YOUR MONTHLY SSD PAYMENT? The Social Security Disability payment benefit amount is different for every person who applies. Because, SSD benefits are based upon the amount you have worked during your lifetime. Everyone has a different work history. Each person earns a different amount of money during their lifetime. Therefore, the monthly… Read More »
NOSSCR STATES BUDGET WILL NOT SOLVE BACKLOG
NOSSCR BUDGET COMMENTS NOSSCR released this article today, indicating that even with the level of funding Obama has requested in his budget, the wait time for a hearing is going to increase for those who have applied for disability benefits. Read NOSSCR’s article below. OBAMA’S BUDGET PROPOSAL President Obama released his Fiscal Year 2017… Read More »
SSA Fraud Investigations Waste Taxpayer’s Money
THE SSA’S FRAUD INVESTIGATIONS The SSA investigates people who apply for SSD benefits. How do they chose who to investigate? Most fraud allegations come from SSA employees. In fiscal year 2014, the SSA received more than 121,000 fraud allegations and more than 58,000 (almost half) of those came from SSA employees. In other words,… Read More »
