Month: March 2021

Stimulus Payments Update for Social Security Recipients

Although many people have received the most recent round of stimulus payments, most Social Security recipients are still waiting for theirs. Much of that delay is because many Social Security recipients don’t file taxes with the IRS. That means that the IRS does not have updated information about how to send the stimulus payment to those individuals. That’s where Social Security comes in.

Social Security has extensive payment information about its recipients including bank accounts and addresses. But, Social Security is very limited by law in the information it can share with others including other government agencies like the IRS. That means that Social Security was not allowed to just send the IRS the payment information about its recipients. It had to have complicated agreements in place before it could make the payments.

Commissioner Saul said on Thursday, March 25th that “[o]nce we were free to move forward, we aggressively worked with Treasury and IRS to issue payments.” He also confirmed that the files were delivered to the IRS that same day. You can read about it in his press release here. While it appears that Social Security and Commissioner Saul were trying to do all they could, the real problem was with money. Social Security didn’t want to move forward until agreements were in place so that it could be paid for its efforts to supply IRS with the necessary information.

The IRS announced the day before Commissioner Saul’s statement that it was now working on releasing a second batch of stimulus payments. Some of the payments in the first two rounds were to Social Security beneficiaries, but the IRS said it was still waiting for information from Social Security to issue payments to those who did not file taxes in 2019 or 2020. Thus, if you are a Social Security beneficiary who hasn’t received a stimulus payment and didn’t file taxes in 2019 or 2020, you have more time to wait before you will receive your stimulus payment. The IRS has promised to share more information as soon as it becomes available.

If you want to check the status of your stimulus payment you can use the Get My Payment tool on IRS.gov.

All in all it looks like the Social Security Administration and the IRS are now working together and stimulus payments should be coming at some point for Social Security beneficiaries.

The Disability Decision Making Process

Understanding the Social Security disability evaluation process is important because it helps us understand how to prepare a better claim.

The Application

The first step in the disability process is for us to submit an application. On the application we include information about the doctors you seen, the medical tests you have had, procedures you have had, and medications you are taking. We also include information about your work history and your education. 

Once we submit the application it goes to the local Social Security office. At that office they make some technical determinations in your case. For example, they look at your work record to determine whether you have worked for long enough to qualify for disability insurance benefits. They also look at whether you are currently working (if you are doing substantial work, you are not disabled) and whether you meet the income and asset requirements for SSI.

If you meet the technical requirements for disability, they will send your claim to a state agency called the Disability Determination Services, or “DDS.” Once your claim gets to DDS it is assigned to a person called a Claims Examiner. The Claims Examiner is the person who will make the decision about whether you meet the medical requirements of disability.

The Claims Examiner

When the Claims Examiner gets your claim, that person will review the application and request the medical records from the medical sources you have listed. When those medical records are received, the Claims Examiner will write a short, usually one page, summary of those medical records. Then the Claims Examiner will send the claim to a different person at DDS called a Medical Consultant.

The Medical Consultant

The Medical Consultant will review your medical records and make a list of limitations in what Social Security calls “Basic Work Activities.” Basic work activities are the basic things that you need to do to be able to do any job. For physical activities, basic work activities include things like sitting, standing, walking, lifting, carrying, bending, kneeling, climbing stairs, and other similar activities. For mental activities, basic work activities include things like being able to remember and follow simple instructions, being able to get along with supervisors and coworkers, being able to work without being distracted by or distracting others, being able to maintain normal standards of hygiene and dress, and being able to maintain normal schedules.

A normal list of limitations in basic work activities will look something like this.

This person can occasionally lift 20 pounds and frequently lift 15 pounds. He can stand and/or walk about six hours in an eight hour workday. Likewise, he can sit for about six hours in an eight hour workday. He can occasionally (up to one third of the workday) climb ramps/stairs, ladders/ropes/scaffolds, balance, stoop, kneel, crouch and, crawl. He can reach overhead with both arms occasionally. He can do simple, routine work with occasional contact with others.

Making the Decision

After creating this list of limitations, the Medical Consultant will send the case back to the Claims Examiner. The Claims Examiner will then compare the list of limitations with the physical and mental requirements of the work that you have done in the past 15 years, called past relevant work. If the Claims Examiner determines that you can do any of your past relevant work, then you will be found not disabled. If you are determined to not be able to do any of your past relevant work, then the Claims Examiner will compare the list of limitations to all other work available anywhere in the national economy. If the Claims Examiner finds other work available your claim will be denied. If, on the other hand, there is no other work available you will be found disabled.

There are a couple of special situations to be aware of regarding age. If you are age 50 or older and you have never done a sit-down type of job and you don’t have the skills for a sit-down type of job, Social Security does not expect that you will work a sit-down job in the future. Therefore, even if you are found capable from a physical and mental standpoint of a sit-down type of job, Social Security will not require that you return to that job and will instead find that you are disabled.

Similarly, at age 55 if you are limited to what is called light work, which is work that requires standing on your feet for about 6 of 8 hours and lifting 20 pounds occasionally during the workday, and you have only done heavier manual labor types of work, Social Security will find that you are unable to return to other work and award disability.

Understanding this process, helps us to understand what sources Social Security looks to to determine your eligibility for disability benefits and what information Social Security is looking for in those sources.

How To Build a Better Claim

First, the primary source of information for Social Security about your disability is the medical records. That means that your limitations should be documented clearly and completely in those medical records.

Second, Social Security will be looking for limitations in basic work activities in those medical records. That means that you should make sure to discuss with your doctor how your medical conditions limit your ability to do daily activities such as cooking, cleaning, shopping, and interacting with others. The more specific and detailed the examples your doctor writes into the medical records the better.

If for example, you are over the age of 50 and your past work has all been truck driving, you will need to establish in the record that you are now limited to lifting less than 20 pounds occasionally and you are limited to standing/walking for less than six of eight hours. That means that you want to provide your doctor with examples from your daily activities that establish these limitations.

On the other hand, if you are under the age of 50 you will need to establish that you are unable to sustain any activities for an eight-hour workday sufficient for you to work. For example, if you have depression that keeps you from leaving the house several days a month you will need to establish that limitation in the medical record to show that you are unable to maintain normal schedules. If you have back pain that requires you to lay down for several hours during a normal eight-hour work., You will need to establish that in the medical records.

Using these simple techniques can substantially improve the quality of the evidence Social Security relies on determine your disability. Of course, having this information will not guarantee that you will win your case. However, having this information will definitely help you build a better claim and make your chances of winning much higher.

Questions to Ask a Social Security Disability Lawyer

If you’ve become disabled, you’re likely going through a lot of life changes in a very short amount of time. Disabilities have the power to impact virtually every aspect of life, including your employment. Depending on your disability, you may find yourself unable to work for an extended period of time. This can make your financial situation tenuous at best. Fortunately, Social Security Disability may be able to make up for some of your lost income. Of course, navigating these programs can be pretty tough to do on your own. You may find it most helpful to retain the services of a Social Security disability lawyer. Before you finalize your agreement, however, there are some important questions you should ask them.

What Experience Do You Have?

One of the first things you need to know about any lawyer before you retain them is what experience they have. There are a ton of different legal disciplines, and while one lawyer may be the best at their own discipline, that doesn’t necessarily mean that they’re going to be very good at a different one. There’s a reason they specialize, after all. If you’re hiring a lawyer because you need help with your Social Security disability claim, you need to find one who specializes in exactly that. You should be able to do that with a quick Google search.

Once you have a list of attorneys who look like they could be good options, ask more about the level of experience they have. A specific specialty doesn’t necessarily equate to experience. Ideally, the lawyer will have experience with your specific disability as well. The more experience a lawyer has and the more success they’ve had with their cases, the better your chances of having a similarly successful experience with your claim.

How Do You Charge for Your Services?

It’s important to know upfront how you will be charged. Keep in mind that it can change based on whether your claim is approved or denied. Knowing ahead of time how much to expect to pay your lawyer depending on how your case goes will help you avoid being blindsided by fees. That said, if your claim is approved the Social Security Administration caps the amount a SSDI lawyer can charge at no more than $6,000. They can charge up to 25% of the back pay you would get, up to that $6,000 limit. In most cases, this payment is automatically deducted from your back pay and sent to the lawyer so you don’t have to worry about making the payment yourself.

What Do I Need to Do?

There are multiple things your lawyer needs to prove for your case. While your lawyer will be the one doing the lion’s share of the work for your claim, there are some things you can do to help things along. The best way to figure out what you need to do is ask. Your lawyer can advise you on what documents need to be gathered, which you can then deliver to them. It is likely that they will recommend that you receive regular medical care and tell you that it is important to follow the advice given to you by any medical professionals you see.

What If My Claim Is Denied?

It isn’t uncommon for claims to be denied initially. As few as one third of claims are approved from the beginning. That means that the odds of you getting your claim denied the first time around are pretty high. Asking what happens if your claim is denied will help you be prepared in the event that it happens to you. Ideally, your lawyer will examine the decision to see if you have grounds for an appeal and then move forward with the appeals process. Not all lawyers will, so finding one that does is important.

How Can I Reach You?

This might seem like a silly question, but knowing what to expect when it comes to contacting your lawyer is important. Some may prefer that you contact them directly. Others prefer to have their clients go through another member of their team. It’s also a good idea to know what their preferred method of communication is, whether it’s via phone call, text, or email. Ask them what their timetable is like for getting back to their clients. The more clearly you can communicate and establish what expectations are, the better you will work as a team to manage your claim.

Navigating the ins and outs and nuances of a social security disability claim on your own can be incredibly challenging. Having an experienced, qualified lawyer on your side can help the process go more smoothly and help you get a better result. Make sure you ask the right questions so you can feel confident that the lawyer you choose to retain is going to be a good fit for you and your case.