In order to terminate Social Security disability benefits, the burden of proof is on the Social Security Administration to show there has been medical improvement in an individual’s condition. It is often advisable to maintain ongoing relationship with the physician’s who helped you obtain Social Security disability benefits in the…
The death of a claimant for Social Security disability benefits does not necessarily mean the end of the claim. When a claimant for Title II Social Security disability benefits passes away, the surviving spouse who is living with the decedent, a child entitled to monthly benefits on decedent’s Social Security…
At some point during your Social Security disability claim, it is likely that you will be sent for a medical examination by the Social Security Administration. Unfortunately, many of these examinations do not result in the type of medical evidence necessary to obtain benefits. For this reason, it is very…
There is frequent discussion in the media regarding whether the Social Security system will be able to pay benefits in the future. Currently, the government indicates that funds will be able to pay 100 percent of scheduled benefits until 2033 for the old age and retirement benefits. Unfortunately, the disability…
Administrative law judges who hear Social Security Disability cases are expected to enter 500 to 700 decisions a year (an average of 2 per day). Each judge has 4 to 5 staff members who assist in meeting this standard. For this reason, it is very important that proper information be…
Congress established a strict standard of disability for the Social Security Disability program. For example, the disability program does not provide short term or partial disability benefits. Instead, an insured claimant is eligible only if he or she cannot engage in any substantial gainful work because of a medically determinable…
In 2012, the Social Security Administration completed 8 million claims for benefits and conducted 820,000 hearings. It also conducted 443,000 continuing disability reviews for people previously awarded benefits. With a program this big, delays are unfortunately a part of the process. While the delays are bad, the average time for…
The death of a Social Security disability claimant does not necessarily mean the end of the claim. For regular Title II SSD benefits, the back benefit payable to someone who dies can be recovered by the surviving spouse, a child, or a parent based on particular circumstances of each case.…
While a Social Security disability case is pending, the opportunity may arise to attempt to return to work activity. Usually, this step should be taken in consultation with treating doctors and your attorney. If the attempt to work last less than three months, it is often possible to have this…
The Social Security Administration will occasionally expedite hearings in three different circumstances: 1) The claimant’s illness is terminable. 2) The claimant is without or unable to obtain food, medicine, or shelter. 3) The claimant is suicidal or homicidal. A terminable illness must be substantiated by medical evidence. Dire need claims…