Social Security Disability

News & Analysis as of

New medical evidence proposal for Social Security Disability

It is common knowledge that applying for Social Security Disability is not an easy process. Any kind of mistake made on the application or missing information can lead to a denial and a lengthy appeal. Currently less than...more

Social Security Disability Trust Fund Will Be Empty in Less Than Two Years

If Congress doesn't act, the trust fund that provides a significant portion of federal Social Security Disability Insurance (SSDI) benefits will run dry in 2016, according to testimony at a recent hearing of the Senate...more

Is the Claimant entitled to attorney fees when the government asserts an unreasonable position?

In Tobeler v. Colvin, 2014 DJDAR 4845 (2014), the United States Court of Appeal for the Ninth Circuit overturned the trial court’s decision rejecting a claim for attorney fees. ...more

ERISA – 9th Circuit: Are There Advantages To De Novo Review Versus Arbitrary And Capricious Review?

You already know that plans that contain “discretionary language” should enjoy a more deferential review by the trial court. But when the plan administrator decides and funds the benefit decision, courts view this as a...more

The Powers and Responsibilities of Representative Payees

Do you have a friend or loved one who receives Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) and is unable to manage her payments? If so, you can request that the Social Security...more

Nevada Workers' Comp and Social Security Disability

I asked attorney Gerald Welt, Esq., if he would provide me with a guest blog post on how workers' compensation interacts with the receipt of Social Security Disability benefits, and his office sent me the following general...more

ERISA – 11th Cir. — Social Security Determinations Issued AFTER Initial Claim Denial Must Be Considered?

You already know that a Social Security disability (SSDI) decision should be considered in the context of deciding whether the claimant is disabled under the terms of the disability policy....more

Recent Developments in New Jersey Product Liability Law

As 2014 begins, it is important to note the developments in New Jersey law over the past year that may affect product liability litigation. Two of the more interesting decisions rendered during the past year are Town of...more

Disability Benefits Every Injured Victim Should Explore

Paying the cost of medical care is of paramount concern for people who have been seriously injured or disabled in accidents. Learning to cope with restricted mobility or speech deficiencies requires continuous, on-going...more

What Is The Difference Between SSDI And SSI?

The program names look the same, but there is a great deal of difference between Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI). Our attorneys work hard to ensure clients receive...more

Plaintiff May Not Use Social Security Disability Determination To Prove Disability In Personal Injury Case

A New Jersey Appellate Division Court holds that the plaintiffs were precluded from utilizing a Social Security Administration disability determination in a personal injury action. ...more

Social Security Disability Benefits And Thresholds Increase For 2013

Rising prices can easily erode the ability of Social Security Disability benefit recipients to pay for their basic needs. The good news is that the Social Security Administration keeps a close eye on the Consumer Price Index,...more

Increased Social Security Disability Claims And Benefit Recipients Are Creating Some Major Concerns

In the last 10 years, the number of people receiving Social Security Disability (SSD) benefits increased from about 7.6 million to 11 million. Since 2007, claims for benefits increased by 25 percent. The massive volume of...more

Compassionate Allowances Can Provide The Severely Disabled A Fast Track To Federal Benefits

Only a relatively small number of people manage to get initial Social Security Disability (SSD) claims accepted without going through one or more steps of the appeals process. With each appeals step, claimants can wait for...more

Wounded Warriors Can Qualify For Social Security Disability Benefits, Too

Injured veterans are eligible for expedited Social Security Disability (SSD) benefits. Any veteran wounded after October 1, 2001, no matter the cause or place of the injury is eligible for these services. ...more

Social Security Disability v Supplemental Security Income

If you are disabled and unable to work, understanding the programs available to assist you is important. Two of the largest federal programs are Social Security Disability Insurance and Supplemental Security Income (SSI)....more

Understanding The Social Security Disability Appeals Process

Our firm is focused on relieving the hardship experienced by our clients either through experienced representation in personal injury matters or by helping you apply for needed workers’ compensation or Social Security...more

ERISA Legal News - 1st Quarter, 2013 • Volume 4, Number 1

In This Issue: - Supreme Court Update: Where Plan Reimbursement Or Recovery Terms Are Ambiguous Or Silent,Equitable Doctrines May Fill The Gaps: US Airways, Inc. v. McCutchen, 569 U.S. ___ (2013). In an...more

Americans Score More Easily Seeking Social Security Disability— Reasons Why Social Security Findings Could Be Rejected by ERISA...

The claimant seeking long term disability benefits under your ERISA Plan was found to be disabled by the Social Security Administration....more

Number of Employees on Disability Has Doubled in 20 Years

Yesterday, Jordan Weissman’s excellent article, “Disability Insurance: America’s $124 Billion Secret Welfare Program,” published March 25, 2013 in The Atlantic, explains how the number of former workers enrolled in Social...more

Qualifying Psychological Conditions For SSD

If you or a child in your custody suffers from a severe psychological condition, you may qualify for Social Security Disability benefits (SSD) from the federal government. Both adults and children are eligible to apply, but...more

What You Need To Show To Be Successful in SSD

To increase your odds of being approved for Social Security Disability benefits, you should make sure that you provide as much relevant information as possible. The more information you can give, the more likely you are to be...more

Why You Need A Lawyer For Your SSD Case

Social Security Disability (SSD) is a government benefit program that may be available to American citizens who can no longer work due to permanent physical or emotional disability. At a minimum, you must meet the following...more

Types Of Injuries That Qualify You For SSD Benefits

When accidents cause injuries that leave you seriously disabled, you may be unable to return to your full-time job for an extended period of time, perhaps even for the rest of your life. Suddenly, the safe secure world you...more

Survivor Benefits Under Social Security Disability Insurance

Most people see Social Security as a program they pay into while working so that once retired, they will receive the benefits back in the form of a monthly check. However, what happens when a disabled worker dies, leaving...more

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