Florida Social Security Disability Lawyer Blog

Proposals to Eliminate "Double Dipping"

Tue, 14 May 2013 14:37:00 -0500

In order to receive Social Security Disability benefits, a claimant must prove an inability to engage in substantial gainful employment for at least one year. In virtually all States, including the State of Florida, in order to receive unemployment compensation, one must affirm a readiness, willingness and ability to engage in employment. In other words, seeking Social Security Disability and unemployment compensation at the same time, is an apparent contradiction. A person can't be both unable to engage in substantial, gainful employment because of a disability, yet affirm an ability to work.

Both President Obama in his newest budget and House Republican Sam Johnson, agree on this issue. Rep. Johnson has recently introduced H.R. 1502, "The Social Security Disability Insurance and Unemployment Benefits Double Dip Elimination Act of 2013." Both proposals would outlaw receipt of Social Security Disability Benefits, during any period that a Claimant receives unemployment compensation benefits.

The proposal codifies what many Social Security Judges are already doing-denying benefits for any period of time that a claimant is receiving unemployment benefits.

"Secret" Social Security Judge Policy is Abolished

Fri, 10 May 2013 14:15:43 -0500

For approximately the past year, the Social Security Administrated had implemented a new policy: the name of the Judge assigned would not be disclosed. This resulted in a situation, whereby a claimant and Counsel, would not know the identity of the Judge at hearing, until moments before the hearing commenced.

Recently, the Social Security Administration did an "about face" and reversed its "secret" Judge policy. Since April 20, 2013, the name of the Social Security Judge will be disclosed at the time that the Notice of Hearing is disseminated. Under current rules, this Notice must be sent out at least twenty (20) days prior to the hearing date. As a matter of practice, the Office of Disability Appeals and Review, usually sends out the Notice of Hearing approximately 60-90 days before the scheduled hearing date.

Social Security Judges Sue Social Security!

Tue, 30 Apr 2013 12:12:20 -0500

The Association of Administrative Law Judges, which encompasses "Social Security Judges," recently brought a Federal law suit against the Social Security Administration. The contention of the litigation is that Social Security Judges must meet a "quota" of between 500-700 cases annually. This is interpreted as approximately two rulings each day.

The litigant Social Security judges contend that this quota system, compromises the due process rights of the litigants and can lead to erroneous decisions. That could translate to denying claims which should be approved and of course, approving claims which should be denied.

Several Judges interviewed acknowledged that approved claims typically require decisions of 3-5 pages in length and are mostly routine in format and substance. A denied claim, however, is more complicated both legally and factually and decisions are often as long as 15 pages. Thus, according to parties in the litigation, there is an incentive for Social Security Judges to approve, rather than deny claims, in an effort to meet work quotas.

The Social Security Administration adamantly denies the position of the Social Security Judges who have brought the litigation. They believe that the litigation is a "pretext" for Judges who are not productive.

Social Security Disabilty Attorney Randy Zeldin, Esq., represents applicants seeking Social Security Disability benefits throughout Palm Beach and Broward Counties.

Social Security Administration Gets New Commissioner

Fri, 12 Apr 2013 12:17:16 -0500

President Barack Obama has appointed Carolyn W. Colvin as the Acting Commissioner of the Social Security Administration. Ms. Colvin was previously the Deputy Commissioner of Social Security, having served since December 2010. She is also a Trustee to the Social Security Board of Trustees. Ms. Colvin's appointment was triggered by the resignation of Commissioner Astrue in February 2013.

Ms. Colvin has a long and distinguished career in public service. She is the recipient of many awards and recognition. President Obama must next nominate a candidate for the balance of Mr. Astrue's term. The U.S. Senate Finance Committee will have to interview and approve the next nominee and permanent Commissioner of Social Security. This will be a daunting job over the balance of President Obama's term.

Social Security Has New Drug and Alcohol Policy

Fri, 29 Mar 2013 13:49:29 -0500

On February 20, 2013, The Social Security Administrated published a new ruling, SSR 13-2p, entitled "Evaluating Cases Involving Drug Addiction and Alcoholism." It appears in Federal Register, Vol. 78, No. 34 (Docket No. SSA-2012-0006).

The policy clarifies and replaces prior policies, which essentially prohibited a granting of Social Security Disability, for claimants who had an active drug and/or alcohol policy. The key factor in the the new policy is whether a given claimant would still be found disabled, if he or she stopped using drugs or alcohol. In other words, if the drug or alcohol addiction was not a material aspect of the disability, it might still be possible for a Social Security Judge to determine that a given claimant was disabled.

An example of such a situation, according to Social Security Disability Attorney Randy Zeldin, Esq., might be an individual with a psychotic disorder, who started using alcohol to relieve symptoms. This scenario is not uncommon, particularly when the psychiatric care is inadequate or non-existent. Another example would be a chronic pain patient, who utilized illicit drugs such as marijuana, in order to relieve symptoms.

A Small Victory for Florida's Injured Workers

Mon, 18 Mar 2013 14:09:09 -0500

The First District Court of Appeals in Tallahassee, Florida, recently awarded an injured firefighter some justice and in doing so, broadened benefits for all of Florida's working people. Judge Brad Thomas ruled that an injured St. Petersburg firefighter named Bradley Westphal, was entitled to what are known as "temporary indemnity" benefits not for a mere two years, but for a full five years. The Court found that to limit firefighter Westphal to only two years of temporary benefits, following a severe injury and spinal surgery, would lead to "...potential economic ruin..." for him and his family. Further, the Court took a humane approach and found the existing law "repugnant" and understood that without an income, a totally disabled person would face potential economic ruin.

Since 2003, the Florida workers' compensation law has been decimated, leaving injured workers' with diminished benefits and often, without the opportunity to obtain legal counsel, because of a hatchet job on attorney fees. Is there light at the end of the tunnel? The Westphal case is certainly welcome, but it by no means addresses the many other shortcoming of the Florida workers' compensation law. It will take further favorable Court decisions and a more empathetic State Legislature and Governor, to make the system fair.

Social Security Expands Compassionate Allowance Program

Tue, 11 Dec 2012 12:36:14 -0500

On December 5, 2012, the Social Security Administration announced the addition of 35 new conditions to be added to its "Compassionate Allowance Program." Compassionate Allowance is designed to streamline the adjudication process for conditions and diseases which are often life threatening and the need for Social Security Benefits is compelling and immediate.

Following is a listing of some of the newly added Compassionate Allowance conditions. Following are some of newly added conditions: Huntington's Disease; Adult Non-Hodgkin Lymphoma; Allen-Herndon-Dudley Syndrome; Aplastic Anemia; Beta Thalassemia Major; Caudal Regression Syndrome; Congenital Lymphedema; Dravet Syndrome:DeSanctis Cacchione Syndrome; Erdheim Chester Disease; Fatal Familial Insomnia; Fryns Syndrome; Hepatorenal Syndrome; Malignant Germ Cell Tumor; Menk's Disease; Phelan-McDermid Syndrome; Roberts Syndrome; Usher Syndrome.

Social Security Disability Attorney and Lawyer Randy Zeldin, Esq. has offices in Ft. Lauderdale; West Palm Beach and Boca Raton.

Social Security Cost of Living to Rise by 1.7%

Mon, 03 Dec 2012 13:14:02 -0500

The Social Security Administration has announced that there will be a 1.7% cost of living adjustment (COLA) for Social Security and SSI beneficiaries in calendar year 2013. The calculation is determined by comparing the change in the Consumer Price index (CPI) from the third quarter of 2011, (the last year of an increase) to the 3rd quarter of 2012.

As a result of the cost of living increase, the average monthly benefit in 2013 for all disabled workers will be $1,132 (v. $1,113 in 2012). For a disabled worker, spouse and one more children, the average monthly benefits in 2013 will be $1,919, while the maximum benefit will be $2,533.00.

The formal announcement of the changes appears in the Federal Register at 77 Fed. Reg. 65743.

Boca Raton Social Security Attorney Randy Zeldin, Esq. represents claimants seeking to appeal denials of Social Security Disability benefits, throughout South Florida, including Ft. Lauderdale and West Palm Beach.

Florida Workers' Compensation Premiums Continue to Rise

Tue, 20 Nov 2012 10:42:49 -0500

Florida Insurance Commissioner, Kevin McCarty, has approved a 6.1% increase in Florida, for workers' compensation premiums. The decision was a result of recommendations made by the National Council on Compensation Insurance (NCCI). This is the third consecutive year of increases in premiums. In 2010 there was a premium increase of 7.8% and in 2011 an increase of 8.9%. This trend of premium increases, contradicts the notion of so-called workers' compensation "reform," which was designed to keep employment in the State of Florida.

Unfortunately, the cost of workers' compensation premiums is supposed to be commensurate with the benefits provided to injured workers. Notwithstanding three straight years of premium increases, benefits for injured Florida workers are stagnant or declining. The carriers continually pay a smaller share of medical and indemnity benefits, while the value of lump sum cash settlement has declined dramatically since the 2003 reforms.

Randy Zeldin, Esq., is a Florida workers' compensation attorney with offices in Boca Raton, Ft. Lauderdale and West Palm Beach, Florida.

A Bridge to Medicare

Wed, 07 Nov 2012 13:20:28 -0500

A disability beneficiary is eligible for Medicare coverage, but there is a 24 month waiting period. When that is added to the 5-month SSDI waiting period, a beneficiary is not eligible for Medicare until 29 months after onset of disability.

COBRA (the Consolidated Omnibus Budget Reconciliation Act), provides a bridge until Medicare is available. Under COBRA, workers who leave employment (for other than misconduct), can continue health insurance coverage under the employer's group health plan for an initial period of 18 months after the "qualifying event," e.g. leaving employment. However, the beneficiary must pay the health insurance premium.

Assuming that the beneficiary has the financial means to pay the premium, can the 18-month initial COBRA period be extended to bridge the entire 29-month Medicare waiting period? The answer: Yes, there can be a COBRA extension of 11 months if the beneficiary is found disabled for Social Security disability benefits before the expiration of the initial 18-month period and requirements are met including:

A Bridge to Medicare

Wed, 07 Nov 2012 13:20:28 -0500

Shared Blamed for Delays in Social Security Hearings

Thu, 01 Nov 2012 11:53:46 -0500

Due to the great increase in Social Security Disability claims, there is a wait of at least one year to obtain a hearing before a Social Security Judge, in the Ft. Lauderdale to West Palm Beach region. Social Security Disability Attorney and Lawyer Randy Zeldin, Esq. of Boca Raton represents many individual claimants, waiting for a "day in court" to have their application for Social Security Disability benefits heard.

The Social Security Administration Office of Inspector General recently studied the problem of scheduling hearings in its report "When Cases are in 'Ready to Schedule' Status", No. A-08-12-21293.

The reported cited various reasons for delays in scheduling hearings, when cases are in "ready to schedule" mode, including:

1. Increasing development of cases to have a larger inventory from which to select for scheduling.
2. Expanded service areas.
3. Increase in disability applications.

The availability of Claimants' attorneys for hearing dates was also cited as an obstacle. Social Security Attorney Randy Zeldin, Esq. believes that attorneys have an ethical obligation to make reasonable efforts to expedite cases consistent with the client's interests.

U.S. House Examines Social Security Direct Deposits

Fri, 26 Oct 2012 14:09:35 -0500

The U.S. House Social Security Subcommittee recently held a hearing to examine the impact of direct deposit of Social Security benefits on beneficiaries. The Subcommittee members and witnesses all support the use of electronic funds transfer (EFT) for Social Security benefits, but all expressed concerns about increased identity theft and fraud.

The Debt Collection Improvement Act of 1966 requires that all federal payments be made through electronic funds transfer. Regulations from the Department of Treasury require that all payments for current and new Social Security beneficiaries be made electronically by March 1, 2012. An electronic payment option can include direct deposit to a bank account, a Direct Express card issued by the Treasury Department or another re-loadable debit card. Waivers are available to certain individuals.

Testimony established that problems exist with identity theft and fraud, as well as the difficulty some beneficiaries encounter in obtaining a waiver of the EFT requirement. Inspector General O'Carroll testified that SSA receives 50 questionable changes to direct deposit accounts each day.

Improving Social Security Award Decisions

Mon, 15 Oct 2012 14:28:09 -0500

In April 2012, the Social Security Trustees estimated the Social Security Disability Trust Fund, which supports the Social Security Disability Insurance (SSDI) program, could be exhausted by 2016, or even 2015. To stave this off, the Trustees suggested that "legislative action is needed as soon as possible."

Significant stress on the trust fund is due in part to the fact that the number of individuals receiving disability benefits continues to rise at an unprecedented rate. Researchers at the Center for American Progress assert the "program provides strong incentive to applicants and beneficiaries to remain permanently out of the labor force and it provides no incentive to employers to implement cost-effective accommodations that enable employees with work limitations to remain on the job." These researchers determined that "too many work-capable individuals involuntarily exit the labor force and apply for and often receive Social Security Disability. Such a conclusion raises questions as to whether benefits are going to those Congress intended when it created the disability programs.

Since January 2009, 5.9 million Americans have been awarded SSDI benefits. Economists

Social Security Issues Ruling on Fibromyalgia

Wed, 05 Sep 2012 11:02:33 -0500

Claimants diagnosed with fibromyalgia have long faced an uphill battle due to the lack of objecting medical findings inherent in this condition. Social Security Ruling 12-2p, issued on July 25, 2012, should alleviate some of the obstacles claimants have encountered.

The new rule states that fibromyalgia may be a medically determinable impairment when it is established by appropriate medical evidence and can be the basis for a finding of disability. Once fibromyalgia is established as a medically determinable impairment, it will be considered in the sequential evaluation process to determine whether the person is disabled. As in all cases, a claimant with fibroymyalgia is required to provide "sufficient objective evidence to support a finding that the person's impairment so limits the persons functional abilities that it precludes him or her from performing any substantial gainful activity.

The rule means practically, that the Social Security Disability claimant must first provide medical signs and findings of a medically determinable impairment, which could reasonably be expected to produce the pain or other symptoms alleged. Once the medically determinable impairment is established, the Social Security Administration will consider all of the evidence in the case record to evaluate the intensity and persistence of the claimant's pain or other symptoms to determine the extent to which the symptoms limit the person's capacity for work.