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Tag Archives: Social Security Disability

CARR V. SAUL – CAN YOU GET A NEW DISABILITY HEARING?

Can you get a new disability hearing? On April 22, 2021, the Supreme Court issued a ruling in Carr, et.al, v.. Saul, 593 U.S. _,(2021). This is an important case because it holds that some claimants have a right to a new hearing. You can obtain a new hearing if you have an unfavorable… Read More »

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CAN DISABILITY BENEFITS BE GARNISHED ?

DISABILITY BENEFITS ARE SUBJECT TO GARNISHMENT FOR CHILD SUPPORT Whether or not your benefits payments can be garnished for child support payments depends on what kind of Social Security benefits you receive. Social Security Disability Insurance (SSDI) is based on your work history. When you pay your employment taxes, you pay into SSA’s insurance… Read More »

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MANAGING STRESS DURING COVID-19

Are you having difficulty managing stress during Covid-19?  If so, the state of Utah is providing free help to those who need it.  Below you will find free numbers you can call. The state of Utah has crisis lines to help you during this difficult time. FREE CRISIS AND HOTLINE TO YOU MANAGE STRESS… Read More »

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QUESTIONS ABOUT YOUR DISABILITY HEARING?

Are you wondering what questions the judge will ask at your disability hearing? Will you need to explain your medical symptoms in court? Should you bring other witnesses to your ALJ hearing ? How long does the hearing take? Do you know at the end of the hearing if you have won SSD benefits?… Read More »

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FIVE NEW COMPASSIONATE ALLOWANCES FOR 2020

In 2020, Andrew Saul, the Commissioner of the Social Security Administration, announced five new Compassionate Allowances conditions: Desmoplastic Small Round Cell Tumors GM1 Gangliosidosis – Infantile and Juvenile Forms Nicolaides-Baraister Syndrome Rubinstein-Tybai Syndrome Secondary Adenocarcinoma of the Brain If you have one of the above conditions, you can apply online for disability benefits at… Read More »

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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 »

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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 »

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Procopio, et. al. v. Secretary of Veterans Affairs – Navy Veterans Lose Expedited Review for Agent Orange Exposure During Vietnam War

NAVY VETERANS SEEK EXPEDITED REVIEW OF AGENT ORANGE CLAIMS The Court of Appeals Federal Circuit, held in Procopio, et al. v. Secretary of Veterans Affairs (Court of Appeals Federal Circuit 12/08/2019) that the Secretary of Veterans Affairs has the authority to stay disability compensation claims until January 1, 2020. This is a disappointing case for Navy… Read More »

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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 »

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