Facts About Social Security Disability

 recently provided details on key facts Americans need to know about the Social Security Disability Program. These facts provide details on what is involved in applying for benefits. For example:

• Earning work credits is necessary to qualify for Social Security Disability Insurance (SSDI). The Social Security Administration has two tests applicable to candidates seeking benefits. First, the individual must have worked long enough over the course of his career, and second, some of the work must have occurred recently. The specific number of working years and details about how recently the individual must have worked are going to vary depending upon applicant's age.
• Disabilities must be severe. An applicant can qualify for benefits only if he has a severe disabling condition. In general, applicants must have disabilities listed by the Social Security Administration on the listing of impairments (which is more commonly called "the blue book.") If the individual applying for benefits doesn't have a listed condition, the applicant must prove medical equivalence or show the condition is just as severe and impacting as those the SSA has recognized in the Blue Book.
• Disabilities must prevent an applicant from working in jobs he has previously had or in other work for which he is qualified. There are many factors the SSA considers in determining whether you can do the job you were doing prior to becoming disabled and in considering whether you are qualified for other work. Your age, and how close you are to retirement, is a big factor in whether you are expected to find another similar position if you are no longer able to do the job you were doing. The SSA also looks at how you are able to cope with environmental conditions, whether your disability prevents you from understanding and following directions, and how physical exertion impacts you.

More than half of all applicants for Social Security Disability are denied benefits and must try to appeal to get the income they need. Applicants receiving benefits are at risk of a 20 percent cut at the end of 2016 if politicians do not take action to fix the projected shortfall in the Social Security Disability trust fund.

These are big problems since many people may end up relying on SSD. A 20-year old worker has a 25 percent chance of becoming disabled and there are more than 37 million Americans who are classified as disabled. A disabled person has a median income of $1,961 compared with a median income of $2,724 per month for someone not disabled. Those who are disabled rely on SSD and the program must be protected and strengthened.

Social Security Disability attorneys in New York know that it is very difficult for any disabled person to qualify and receive benefits through the Social Security Administration even though those benefits should be available to those with legitimate long-term conditions. The SSA has taken such a strict approach to fighting fraud that less than half of applications are approved and many people who deserve benefits end up going without them.

Many of the people who have a hard time getting SSD benefits also have a more difficult time in other situations where they may need special accommodations due to their conditions. This is because these individuals have a so-called "invisible" disability.

People with an Invisible Disability Face Added Challenges

recently reported on the unique struggles that are faced by people with an "invisible" disability. An invisible disability is a medical condition that, unlike being in a wheel chair or having a cane, may not be immediately apparent to others around them. Examples can include conditions like Crohn's disease (an inflammatory bowel condition), fibromyalgia, lupus, bipolar disorder, and diabetes, among many other problems. Millions of Americans may suffer form these disabling conditions, although it is difficult to get an accurate picture of just how many people have an invisible disability.

These "invisible" conditions can be severely disabling. People may experience chronic pain, intense fatigue, and an inability to function in doing daily activities. However, because they do not fit the classic stereotype of what it means to be disabled, the severity of their condition can be underestimated not just by employers and people in the community, but also by doctors and even by evaluators for the Social Security Administration who are helping to determine if someone should receive benefits.

People with invisible disabilities report having people become angry when they parked in handicap spaces and having difficulty getting accommodations that may be available much more readily to people with more obvious disabilities. This is an especially big problem when it comes to finding a job.

In employment discrimination cases filed between 2005 and 2010, for example, the conditions that were cited most commonly in disability discrimination claims were for invisible disabilities. Employers were more likely to engage in discriminatory behavior or refuse to make reasonable accommodations for people with medical conditions that were impairing, but not obvious. This makes it even more difficult for people with invisible disabilities to work and thus even more important for them to be eligible for Social Security benefits if they are unable to find employment due to their severe medical ailments.

If you have suffered a disability in New York, contact the Law Offices of Pasternack Tilker Ziegler Walsh Stanton & Romano, LLP today by calling (800) 692-3717 or by visiting .��

The Social Security Disability trust fund is, on paper, set to run short as early as 2016, necessitating a benefits cut. However, Social Security Disability attorneys in New York know that this is far from the whole story. The reality is that a routine transfer of funds from the retirement system to the Social Security Disability system could allow both programs to remain solvent for almost two decades without any further changes. These transfers have been done in the past without issue, but have become a big issue now.

President Obama has made some suggestions in his 2016 budget that, thankfully, do not involve cutting benefits. While it is unclear if any of his proposals will be adopted in this political climate, at least they open the door to dialogue that doesn't involve making the disabled suffer a loss of benefits they need.

Proposals to "Save" Disability Benefits

According to , the proposals that the President has made in his budget include:

• Shoring up the trust fund for SSDI by reallocating some revenue. Under the current system, employees pay 6.2 percent of wages to Social Security. A total of .9 percent of these taxes are allocated to SSDI and the remainder is allocated to retirement funds. President Obama has suggested reallocating a few tenths of a percentage points more to SSDI.
• Trying to keep people in the workplace longer using early intervention strategies. People who have a disability that could potentially limit their work would be provided with supportive services and employers would be given incentives to retain those with disabilities and find a way to keep them in the workforce.
• Hiring more administrative law judges. A huge number of people who need SSD benefits and whose claims have been denied are spending months or even years waiting to have an administrative law judge review their appeals. Hiring more judges could help to ensure that people who need benefits are able to get them in a more timely manner.
• Provide more funding for continuing disability review. People who are on benefits need to have their status reviewed periodically to ensure they still qualify. The President believes that providing more money could improve this program and save as much as $32 billion.
• Stopping the practice of people claiming both unemployment and Social Security Disability benefits. This would reduce a person's SSDI benefits if he was also receiving unemployment at the time.

Some of these proposals, like hiring more judges, could not only help to keep the program solvent but could also help to ensure that the money set aside to help the disabled is being spent effectively.

As discussions continue to try to make sure that a major benefit cut does not devastate the disabled, it is important to consider proposals like these that aim to protect an important social safety net program.

If you have suffered a disability in New York, contact the Law Offices of Pasternack Tilker Ziegler Walsh Stanton & Romano, LLP today by calling (800) 692-3717 or by visiting .��

Although this divide exists, Social Security disability attorneys in New York know that shifting money from one trust fund to the other is a relatively routine procedure that has been done numerous times in the past. Now, however, lawmakers have moved toward making it harder to shift money from one trust fund to the other. Many advocates for the disabled argue this will create an artificial crisis that could force a cut in benefits.

New House Rule Could Create Crisis for Social Security Disability

Money for senior retirees is kept in the Old-Age and Survivors Insurance (OASI) trust fund. This is used to pay retirement benefits as well as to provide Social Security benefits for qualifying widows/widowers and eligible children who are under 18 when their parents pass away.�� Money for people receiving Social Security Disability Insurance is kept in a separate DI trust fund.

In the past, when either of these trust funds have run short, money has simply been moved back and forth to provide sufficient funds. A total of 11 times, money has been shifted back and forth in both directions depending upon whether OASI or DI was facing financial challenges.

Now, the reports that this could change. The 114th Congress is beginning its session and a proposal is on the table that will  allow money to be transferred to SSDI only if the transfer of funds accompanies changes designed to stabilize the trust fund as a whole. In other words, no more clean transfers would be able to take place. Money could be moved only if benefits were cut or taxes were raised to create more financial stability.

The problem is, the SSDI trust fund is likely to start running out of money in 2016.�� If money cannot be transferred to it, this could open the door for lawmakers to push changes to the program that likely include benefits cuts.

The change to the rules is also viewed as unfair for another reason: the last two reallocations of funds have been much more favorable to OASI while shortchanging DI. In 1983, a big chunk of payroll taxes was redirected from the disability trust fund to the old age trust fund. In 1994, this was partially but not fully fixed. Had taxes going to DI stayed the same instead of being changed in 1983, there would be no risk that the DI fund would run out of money today.

If funds could be reallocated as they have been so many times in the past, both the DI and the OASI would likely be solvent until 2033.�� If no relocation happens, then OASI would be solvent until 2034 but DI would run out of money in 2016. OASI is a much larger trust fund, so it would not change its solvency very much to give DI what it needs. Yet, lawmakers don't seem to want to do it, instead preferring to set up a funding crisis that could be detrimental to the disabled.

If you are disabled in New York, contact the Law Offices of Pasternack Tilker Ziegler Walsh Stanton & Romano, LLP today by calling (800) 692-3717 or by visiting romanobvidev.wpengine.com.��

reports that "as disability benefits became easier to obtain, the labor market's deterioration created an incentive to seek them." The problem, however, is that correlation does not equal causation. People do not apply for disability benefits simply because they cannot find a job. They apply for disability benefits because they are disabled.

Disability Benefits Protect Those Who Cannot Work

Moody's argues that disability benefits claims rise during recessions. This occurred in the early 1990s and it has also occurred in subsequent recessions. The conclusion that some have reached is that "the close relationship between labor market conditions and disability enrollment suggests that the program is functioning as a form of shadow long-term unemployment insurance."

But people who apply for disability benefits can obtain approval only if they have a severe disabling medical condition backed by medical proof. They must exhibit specific symptoms and there must be a record of those symptoms and the treatment they have received. All of these records must be provided by a licensed physician and they are carefully reviewed by disability claims examiners. More than half of all people who apply for benefits will have their claims denied, and those approved must be able to show that they cannot do the job they were doing in the past or any other job for which they were qualified.

A poor labor market does not make people sicker, nor does it make people more likely to have documented proof of qualifying disabilities. What can happen, however, is that when there are fewer job opportunities available overall, it may be harder for people who are disabled to find a job they can do with their medical condition. In a good economy, a person who is sick or injured may have a wealth of additional opportunities available in the labor market and thus may be able to find something that his health condition does not prevent him from doing. When there are fewer overall jobs, it can be harder to find these types of opportunities and those who are badly disabled will thus not be seen as employable.

Moody's suggests that "efforts to improve labor participation should include reforms to this program, so that it focuses on helping workers with health conditions remain employed, rater than encouraging them to stop working." There are already work incentives built into Social Security Disability Insurance (SSDI) that make it possible for people to try to work without jeopardizing benefits. Reforms should be focused on making it easier for those who are truly disabled to get benefits, rather than continued attacks on the SSDI program.

If you have suffered a disability in New York, contact the Law Offices of Pasternack Tilker Ziegler Walsh Stanton & Romano, LLP today by calling (800) 692-3717 or by visiting .��

Social security disability attorneys in New York know that it can take about a year for a person to get a hearing after a claim for benefits is denied. It is essential that those who are disabled get a fair chance to make their argument to receive benefits. When judges are criticized for their work on hearing cases, it can result in outside pressure to deny more claims. This could mean that many people who are legitimately unable to work have a harder time getting benefits. Since more than 50 percent of applications are already denied, this is bad news for the disabled.

New Report Comes After SSD Judges

The wrote about a new report conducted by the Social Security agency's inspector general. According to the article, the report showed "a large number of Social Security disability cases approved by certain judges lacked a "well-supported rationale" for awarding benefits."

There were a total of just 44 judges over a seven year period of time who had decided an "unusually large" number of Social Security appeals cases and who had "awarded an unusually high number of benefits." This is just four percent of all of the judges in the Social Security Disability system.

The report looked at 275 different instances in which benefits had been awarded and found that there were only 31 cases where the proper processes were used. A total of 216 of the cases were found to have "quality issues" and 28 did not have complete information so the file could not be reviewed.

Based on an investigation, the inspector general found that 38 out of the 275 cases in question ultimately should have been denied. The agency then extrapolated from these findings to allege that 24,900 cases were improperly decided in favor of the disabled person. This allegedly resulted in "questionable costs" that totaled as much as $2 billion.

Of course, it is a big leap to say that because these cases were improperly decided, that there were more than 24,000 instances where mistakes were made. Further, there may be many other situations in which judges err too much on the side of caution and end up not approving benefits claims even when people do have a legitimate need to receive Social Security Disability income.

The fact is that there are millions of people who are in need of disability benefits. A relatively small number of cases should not be used to call the validity of the entire SSD appeals system into question or to put more pressure on judges to take a tougher stance on processing claims. Unfortunately, this is what is likely to occur within this political climate.

If you have suffered a disability in New York, contact the Law Offices of Pasternack Tilker Ziegler Walsh Stanton & Romano, LLP today by calling (800) 692-3717 or by visiting .��

According to , there is a proposed plan designed to "fix" Social Security so that this cut in benefits does not have to occur. Jim McCrery and Earl Pomeroy have joined together on a "bipartisan basis to launch the McCrery-Pomeroy SSDI Solutions Initiative."

Will the SSDI Solutions Initiative Solve the Social Security Problem?

The SSDI Solutions Initiative is not so much a plan, as an attempt to look for solutions to a difficult problem when politicians won't recognize that the only reasonable approach to take would be to do whatever is necessary to protect benefits of the disabled.

The initiative is designed to "solicit ideas for concrete and practical reforms that improve aspects of the SSDI program." Any proposals that are made will be subject to rigorous review and will then be presented at a conference in 2015. The proposed solutions will be published along with recommendations from the chairman of the McCrery-Pomeroy SSDI Solutions Initiative.

For those depending upon SSDI, this proposal likely does not give much comfort.��Social Security disability benefits are far too limited as it is, and it is important for those who cannot work to be able to provide for themselves and their families.��Lawmakers are elected to try to solve problems and protect the vulnerable yet it appears their plan is to essentially throw up their hands and avoid hard decisions, asking for help from anyone and everyone who might be able to save an important safety net for the disabled.

In the announcement of the initiative, the legislatures say "The 20 percent cut in benefits disabled beneficiaries face would be mindless, unfair and traumatic - and must be avoided." And yet, their best solution for avoiding this "traumatic" cut is to create a commission that reviews proposals from others? The government needs to do more, and discussions should be on how to increase benefits to the disabled rather than on potential cuts.

Past efforts to resolve financial problems in government programs like the Simpson-Bowles Commission failed in their efforts to find solutions that could be implemented, but at least the goal in those cases was to actually come up with suggestions to save the program. In this case, lawmakers are acting as though they are doing something to solve a problem when really all they have done is ask others for solutions.

Advocates have made some suggestions already, like reallocating funds dedicated to the Social Security retirement program to the Social Security Disability program, but this would result in both programs running out of money by early 2030. Others have suggested making changes to outdated eligibility criteria, improving coordination with other programs or creating incentives for disabled workers who want to re-enter or return to the workforce. While these suggestions are not necessarily the right approach, at least they are actual proposed solutions. The best solution, however, would be to find a way not just to preserve benefits but to make it easier for more disabled people to get the income they need to take care of themselves.

The reality is, hard choices need to be made to protect the disabled. Those choices need to be made sooner, rather than later, to provide stability for the disabled.

If you have suffered a disability in New York, contact the Law Offices of Pasternack Tilker Ziegler Walsh Stanton & Romano, LLP today by calling (800) 692-3717 or by visiting . Attorney advertising.

As the reports, a proposal to pay for the federal highway fund would involve cutting costs by preventing people from collecting both Social Security Disability benefits and unemployment funds at the same time. This is referred to as "double dipping," but in fact it is really an example of people correctly using a social safety net that they have paid taxes to support.

Under current rules, you may be eligible to collect both disability income and unemployment if you have been let go from your job and you cannot work because you are disabled. Social Security Disability attorneys can help you determine what benefits you should receive and how to apply to maximize your income.

A Proposal to End "Double Dipping"

This recent proposal to end "double dipping" in order to fund highway construction is not the first time that lawmakers have threatened to change the rules and make it harder for the disabled to get by. President Barack Obama also included a version of a plan that would discourage people from claiming Social Security and unemployment in the 2014 budget.

However, there are problems with suggestions that people should be restricted from collecting benefits from both programs. One issue is that it would be very complicated to implement the program. The Social Security Administration handles approvals of disability applications while state governments are responsible for approving and distributing claims for unemployment benefits. There would need to be coordination between state and federal agencies and there is currently no mechanism in place.

The Social Security Administration is already cutting staff, closing offices and struggling to deal with a shrinking budget as more people than ever before become eligible for retirement and disability benefits. The last thing the agency needs is another responsibility to take on. This could adversely impact not only people who are currently receiving double benefits but also all other disabled people who might have to wait longer for the SSA to review their application or respond to questions.

Another issue is that people pay to support and fund both the Social Security Disability program and unemployment. When you work, unemployment insurance is part of your job benefits and your employer pays in money in case you ever need to make a claim. When you work, you also have money that is taken out of your paycheck in order to cover the cost of the Social Security Disability insurance program. In fact, you earn work credits for Social Security Disability Insurance based on how many quarters you work.

If you are denied either unemployment or Social Security benefits when you are eligible for both, this means you are not getting the services that you essentially paid for, even when you need the help the most.

If you have suffered a disability in New York, contact the Law Offices of Pasternack Tilker Ziegler Walsh Stanton & Romano, LLP today by calling (800) 692-3717 or by visiting . Attorney advertising.

Social Security Disability benefits are already very difficult to qualify for and, for those on SSI at least, provide a very limited amount of money for someone who is suffering from an impairing long-term condition that makes work impossible. Social security disability attorneys in New York are often called upon to help applicants whose benefits claims are denied, and an experienced attorney at Pasternack Tilker Ziegler Walsh Stanton & Romano should be consulted to help those who need benefits but are not receiving them.

New Commission to Improve Social Security

According to the , Republican Representative Tom Cole of Oklahoma and Democratic Representative John Delaney of Maryland have introduced a bill that would create a 13-member Social Security Commission. The Commission would be given one year to generate a list of recommendations designed to improve the program.

The Social Security Administration currently has enough funds to pay retirement benefits through 2033, after which time there will be money available to pay around 75 percent of scheduled benefits until at least 2087. For Social Security Disability, on the other hand, there are much more serious impending financial problems. Unless Congress acts to make a change to the SSD program, it could run out of money in the next two years and beneficiaries could face cuts to their disability income as early as 2016.

The hope is that the Committee will be able to come up with ideas that will strengthen the program and ensure its survival for the next 75 years, before a crisis point is reached and the money is gone.

A variety of lawmakers have already made different proposals, including scaling back benefits or increasing funding for Social Security by raising the payroll tax cap.

Unfortunately, the last bipartisan commission to come up with a suggestion on "saving" Social Security was the Simpson Bowles Commission, which came up with a chained CPI proposal. This proposal would alter the way Cost of Living increases are calculated, which would result in a defacto benefit that becomes progressively more severe.

Despite President Obama offering chained CPI as a compromise to Republicans in past budgets, the proposal never went into effect. The last substantial change to the Social Security Program occurred in the 1980s and involved a partial tax on benefits, among other things.

Changes and improvements to the Social Security system should not involve taking money from retirees or from disabled individuals who are on fixed incomes and who cannot work to make up the shortfall. Recipients of SSD benefits should closely watch any political efforts to make changes as their financial security may be at stake.

If you have suffered a disability in New York, contact the Law Offices of Pasternack Tilker Ziegler Walsh Stanton & Romano, LLP today by calling (800) 692-3717 or by visiting .��

Unfortunately, while the SSD system is designed to help the sick and injured, it is far from a perfect system. One problem is that it is really hard to qualify for benefits. Most people are denied, and seeking the help of Social Security Disability attorneys in New York as early as possible in your case is often the best course of action. Because denial and delay are just the tip of the iceberg when it comes to issues that plague both the Social Security Disability and the Social Security retirement system.

Problems with the Social Security System

Recently, published an article on some of the inequities in the Social Security system.

• The possibility that someone could contribute over his entire life to the Social Security system and get back less in benefits than a person who never worked for a day and never contributed to the system. You need to remember, if you get sick or disabled, you have earned the benefits that the SSA promised you. Be sure to get the help you need to get them.
• It is possible to lose significant benefits based on getting married or getting divorced at the wrong time. There are certain circumstances under which you can obtain disability benefits based on your spouse's work record. You need to be aware of the best approach to take to obtain your disability benefits.
• Disabled workers may have a less generous formula for maximum family benefits than retired workers. If multiple people are receiving Social Security disability benefits in your family, this can affect the income that you are able to receive. You need to know what the maximum family benefit is and how it impacts you.
• Social Security is 32 percent under-financed and the system is in serious financial trouble. In fact, while Detroit's two pension systems get a lot of press attention for their financial problems, Social Security is actually in worse shape.
• Disability and child survivor benefits based on a parent's work record are available only if children are 21 or younger. This means a child who becomes disabled on his 22^nd birthday is one day too late to maximize his or her potential disability benefits and will receive significantly less income than if he had become disabled a day before and qualified based on a parent's work record.

These are problems with the system that are unlikely to be corrected anytime soon. There are many technical things to know about applying for Social Security disability and maximizing your benefits. It is advisable to have an experienced attorney helping you with the process so you can obtain the benefits you deserve.

If you have suffered a disability in New York, contact the Law Offices of Pasternack Tilker Ziegler Walsh Stanton & Romano, LLP today by calling (800) 692-3717.