Florida Workers' Compensation Lawyer Blog

Social Security Cost of Living Increase

Tue, 15 May 2012 10:02:50 -0500

The Social Security Administration has announced that there will be a 3.6% cost-of-living adjustment (COLA) for Social Security and SSI beneficiaries in 2012. This is the first increase since 2009. The COLA is determined by comparing the change in the Consumer Price Index from the third quarter of 2008, the last year that a COLA was determined, to the third quarter of 2011. The last COLA increase in 2009 was 5.8%, the largest increase since 1982.

The average monthly benefit in 2012 for all disabled workers will be $1,111 (v. $1,072 in 2011). For a disabled worker, spouse and one or more children, the average monthly benefit in 2012 will be $1,892.

Attorney Randy Zeldin, Esq. represents individuals seeking Social Security Disability Benefits in West Palm Beach, Ft. Lauderdale, Boca Raton, Pompano Beach, Deerfield Beach, Delray Beach and Boynton Beach.

Recession Moves Unemployed To Social Security Disability

Mon, 07 May 2012 12:34:01 -0500

Since the beginning of the current recession in 2007, more than 1.6 million Americans have taken themselves out of the work force, but obtaining Social Security Disability benefits. The outcome is that the U.S. unemployment rate appears better than it is, because the number of persons in the labor force has decreased. Many of these persons have permanently quit looking for employment, as measured by the U.S. Bureau of Labor Statistics and moved onto the rolls of the Social Security Administration. This is the conclusion of a report recently issued by Bloomberg News.

Historically, it is not unusual for the labor force participation rate to decrease during a recession. Of the 5.7 millions persons who have dropped out of the labor force, Bloomberg estimates that about 25% of these, roughly 1.6 million persons, have opted for Social Security Disability. Many others have simply retired, taking Social Security retirement, if they are in fact eligible.

Social Security Judges Decision Rates

Tue, 01 May 2012 12:39:30 -0500

In Fiscal Year 2010, there were 1,256 Social Security Judges nationwide. Each one averaged 200 or more decisions. Of these Judges, there were 259 Judges, about 20%, with an allowance decision rate higher than 80%. The average allowance decision rate in Fiscal Year 2010 was 67%.

In Fiscal Year 2011, there were 1,359 Social Security Judges, who again averaged about 200 decisions each. Of these Judges, there there were 181 Judges, about 13.3%, with an allowance rate higher than 80%. The average allowance decision rate in Fiscal Year 2011 was 62%.

The source of these statistics is the Office of the Inspector General, Congressional Response Report, (March 2012).

Social Security Disability Attorney and Lawyer Randy Zeldin, Esq., represents individuals seeks Social Security Disability in West Palm Beach and Ft. Lauderdale, Florida. All consultations are free of charge.

House Holds Hearings on Social Security Disability

Tue, 24 Apr 2012 13:53:16 -0500

The House Ways and Means Social Security Subcommittee held the third in a series of hearings on "securing the future of the Social Security Disability Insurance Program, " focusing on how disability is decided, including the definition of disability and the Federal-State relationship with the Disability Determination Services.

In his opening statement for the hearing, which was held on March 20, 2012, Subcommittee Chairman Sam Johnson, noted that determining whether someone is disabled is "far from easy." The next hearing will focus on the appeals process.

Attorney and Lawyer Randy Zeldin, Esq. represents individuals seeking Social Security Disability benefits in West Palm Beach, Ft. Lauderdale, Boca Raton, Delray Beach, Boynton Beach, Deerfield Beach and Pompano Beach.

Social Security Further Expands Compassionate Allowances

Mon, 16 Apr 2012 10:33:50 -0500

In 2008, the Social Security Administration started the Compassionate Allowance Program. The idea was to specify certain conditions and diseases which were significantly disabling and merited prompt attention. Under the program, applicants with the specified conditions are able to receive benefits within days, rather than weeks, months or years.

Michael J. Astrue, Commissioner of the Social Security Administration, recently announced the expansion of the list, to include 52 additional disorders. Primary, these are cancers, neurological diseases and other rare disease conditions. Since the program began, over 173,000 individuals receive benefits from prompt adjudications. In the past fiscal year alone, 63,000 persons with severe disabilities received prompt and favorable dispensation of Social Security Benefits.

Social Security Attorney and Lawyer, Randy Zeldin, applauds Commissioner Michael J. Astrue for the expansion of the Compassionate Allowance Program, which now includes 165 conditions, with promises of additional expansion. Randy Zeldin, Esq. represents individuals seeking Social Security Disability in Ft. Lauderdale, West Palm Beach and throughout Palm Beach and Broward Counties.

Social Security Remand Project Seeks to Reduce Backlog

Tue, 10 Apr 2012 12:55:04 -0500

Social Security Administration Commissioner Astrue has made reduction of the Social Security Disability backlog one of his top priorities, as his six-year term end on January 2012. His plan is that the average hearing level processing time will be 270 days by September 30, 2012. As part of his initiative, ODAR has announced new "Electronic Federal Informal Remand Special Project 2012."

While similar to previous informal remand projects, this one is bigger in scope, involving hundreds of federal disability examiners around the country. Deputy Commissioner Sklar noted that there has been more work coming into ODAR office "than we'd like." The goal is to complete the Remand Project review within 45 days of the case transfer.

Social Security Process is a Roll of the Dice

Mon, 02 Apr 2012 10:43:24 -0500

A new report by the RAND Corporation, submitted to the U.S. House Subcommittee on Social Security, confirms what Social Security lawyers already knew: there is random luck or bad luck in the process. Specifically, the RAND report found that there is great variation in the decisions of Social Security examiners, as to whether an application for Social Security Disability will be approved or denied. This is true at the initial application stage, where RAND found that some examiners are "liberal" and approve many claims, while others are "conservative" and will deny the same claim.

The second stage of the Social Security Disability process is equally problematic. Once a claim is initially denied by an examiner, it can be sent for "Reconsideration" at the level called Disability Determination Services (DDS). Again, the RAND report found that DDS examiners appear to apply random and arbitrary judgement in how claims are processed.

At the end of the day, the Social Security Disability application process is fraught with uneven decision making. Randy Zeldin, Esq., a Social Security attorney in Boca Raton, Deerfield Beach, Pompano Beach, Delray Beach and Boynton Beach, represents Social Security applicants in South Florida.

Social Security Payments Go Electric

Mon, 19 Mar 2012 11:59:03 -0500

Beginning March 2012, the Social Security Administration will stop mailing paper checks. All payments will be sent electronically, to an account designated by the beneficiary. The payments can either be made directly into a bank or credit union account, or placed on a Direct Express Debit Master Card. Either way, the Social Security beneficiary must elect one of these options, prior to March 1, 2013, in order to receive payment.

According to the U.S. Department of Treasury, electronic payments, compared to mailing of paper checks, will save taxpayers a whopping $1 billion dollars over the next ten years. It costs the U.S. treasury $1.00 to mail a paper check, compared to ten cents to transmit the same check electronically.

Given the political momentum to "fix" Social Security, there will be no controversy regarding electronic Social Security payments, according to Social Security Attorney and Lawyer, Randy Zeldin, Esq., of Boca Raton. Randy Zeldin is a Social Security Attorney and Lawyer representing individuals in Boynton Beach, Delray Beach, Boca Raton, Deerfield Beach and Pompano Beach, Florida.

Studies to Commence on Social Security Insolvency

Tue, 13 Mar 2012 13:13:22 -0500

The 2011 Social Security Trustees Report projects that the Disability Insurance Trust Fund will be exhausted in 2018. This means that, the Trust Fund will be able to continue to pay 86 percent of scheduled benefits thereafter based on tax revenue. Some argue that "sustainable solvency" can be restored by either a reduction in benefits or an increase in revenues or a combination of both.

The Social Security Administration has recently announced that it expects to award $5 million dollars under the Disability Consortium Research Program, to study disability policy. The U.S. Congress, particularly the House Ways and Means Social Security Subcommittee, will be studying disability policy and the looming threat of insolvency.

Social Security Judges Must Consider Veteran's Disability

Mon, 05 Mar 2012 11:25:13 -0500

A Social Security Administrative Law Judge must give consideration to the Veteran Administration's determination that the plaintiff was totally and permanently disabled. In the case of King v. Commissioner of Social Security, the Court determined that some weight must be given to a prior determination, that a Veteran Social Security applicant, is already receiving Veterans benefits. The weight given to a finding of Veteran's disability, depends on the facts of each case. Since the regulations for disability status differ between the SSA and the VA, the Social Security Judge is no required to give "great weight" to Veteran's disability status. On the other hand, the Social Security Judge cannot ignore Veteran's disability status and must consider it in making a decision.

Early Onset Alzheimer Disease Now a Compassionate Allowance

Mon, 27 Feb 2012 11:16:18 -0500

Fortunately, the list grows longer. The Social Security Administration has added early-onset Alzheimer's Disease to its list of Compassionate Allowance disabilities. Any disability on the Compassionate Allowance list is given prompt attention and usually an award of Social Security Disability benefits. The list is comprised of diseases and conditions which are presumed to be disabling by the Social Security Administration and of such a severe nature, that the applicants are in pressing need of both indemnity and medical care.

Social Security Disability attorney and lawyer, Randy Zeldin, Esq. of Boca Raton, represents individuals with early onset-Alzheimer's Disease, who are seeking Social Security Disability Benefits. Randy Zeldin, Esq. is a Pompano Beach, Deerfield Beach, Boca Raton, Delray Beach and Boynton Beach, Social Security Disability Attorney and Lawyer.

Social Security Disability Adjudication to be Studied

Mon, 20 Feb 2012 11:39:01 -0500

With the exponential increase in Social Security Disability claims and the growing concerns about the fiscal solvency of the system, there is growing impetus to reform the manner in which claims are adjudicated. Recently, the Administrative Conference of the United States (ACUS), has sought proposals to study the existing Social Security program and recommend improvements in the adjudication process.

Some of the research items of concern include the following:

* The impact of the weight given to treating physicians.
* The role of the Appeals Council in Washington, D.C. in reviewing decisions.
* Measures that Social Security can take to identify and address problems posed by "outlier" Judges.
* The role that video hearings can play in increasing uniformity in Judge's decisions.

Although reforms should be studied, Social Security Disability Attorney and Lawyer, Randy Zeldin, Esq., urges that politicians not abuse the study to decrease access to the courts or otherwise diminish legitimate access to Social Security Disability Benefits.

Rampant Employer Workers' Compensation Fraud

Tue, 07 Feb 2012 10:32:20 -0500

There is a prevalent myth that workers' compensation fraud in Florida is the sole domain of cheating, scheming workers' compensation claimants who "game" the system. It is a lesser known fact that much of the fraudulent workers' compensation schemes are cooked up by employers, especially in the construction industry.

A typical fraud scheme involves an individual who sets up a "shell" company and purchases a minimum workers' compensation policy, reflecting a small work force. The individual who owns the shell company, will "rent" the policy to various construction subcontractors, who show the policy to general contractors in order to be hired for a specific job site. The subcontractors will pay a "kick back" to the owner of the shell company, usually paid through a check cashing store.

Rep. Daniel Davis of Jacksonville, has introduced a bill in the Florida House of Representatives, aimed at intense scrutiny of these workers' compensation construction fraud schemes.

Attorney Randy Zeldin, Esq., a Boca Raton workers' compensation attorney, favors passage of the bill and advocates increased scrutiny of employer workers' compensation fraud.

Randy Zeldin, Esq. Joins the Court of Appeals for Veterans Claims.

Mon, 23 Jan 2012 12:13:44 -0500

Randy Zeldin, Esq., has been admitted to practice law before the Court of Appeals for Veterans Claims in Washington, D.C.. Randy Zeldin, Esq. was trained by the Veterans Consortium of Washington, D.C., in this very specialized area of Veterans Law.

The Court of Appeals for Veterans Claims (CAVC), is an independent court, not part of the Veterans Administration. In the year 2010, over 4,000 appeals were filed by U.S. Veterans with the CAVC, seeking Veterans Disability Benefits. Many U.S. Veterans file CAVC appeals "pro se" or without an attorney. Court of Appeals for Veterans Claims Attorney and Lawyer will represent U.S. Veterans on a "pro bono" or no fee basis. If Randy Zeldin, Esq. prevails with your case at the Court of Appeals for Veterans Claims, the VA will pay attorney fees.

Does Social Security Discourage "Marginal" Beneficiaries

Tue, 17 Jan 2012 13:24:08 -0500

Does receipt of Social Security Disability (SSD) discourage work? According to a recent study from the RAND Corporation, the answer is "yes" for nearly one-fourth of new beneficiaries who are only "marginally" disabled. The study concludes that of all applicants for Social Security Disability, about 23% of applicants are "marginal" and that the disposition of their claim depends on whether the Social Security Examiner assigned to the case is "lenient" or "strict." The main finding of the study is that Social Security applicants with less severe impairment who are DENIED benefits, are 21% more likely to return to work, than are "marginal" applicants who are GRANTED benefits.

Social Security Disability attorney and lawyer, Randy Zeldin, Esq., is less confident of the findings of the RAND study. According to Social Security Disability attorney Randy Zeldin, Esq., the RAND study does not measure the "success" or "duration" of the so-called "marginal" applicants who do return to work. "Do 'marginal' applicants return to work for a week, a month or a year and how much do they earn?" questions attorney Randy Zeldin, Esq.. Much more research needs to be done before conclusions can be drawn.