Mar 1, 2015

New Procedure For Some Blindness Cases

     Social Security has finally devised a procedure for dealing with claimants who are working and who allege that they have become statutorily blind while already on disability benefits without regard to blindness. Different standards apply to work activity in blindness cases. I had a case like this some years ago. Everyone conceded that a different standard applied to those who are statutorily blind but they kept saying that my client hadn't been adjudicated statutorily blind so they couldn't apply that standard even though we kept presenting evidence that she had become statutorily blind. At the time they had no procedure for adjudicating blindness after a person had already been found disabled for other reasons. Eventually, we got the sort of resolution indicated in this new procedure but it took a couple of years.

6 comments:

Anonymous said...

Am I missing something or are there no working links in any of these stories. I ask because Charles use to provide links to the info he was referencing. This is in no way a complaint, I think Charles provides an invaluable service. I just want to maks sure that that I am not missing something. Thanks.

Anonymous said...

You are wrong. Link worked for me immediately.

Anonymous said...

Thanks, for whatever reason the links were not previously highligted (at least not on my interface) and appeared as black ink. I can access them now.

Anonymous said...

I am an advocate and have nothing against the blind. However, it has always amazed me how much more benefits and work incentives the Blind get. Having worked this program from both sides for decades, I find no difference in the severity of other listing level impairments, severe residuals from CVA, Cognitive Impairments, Schizophrenia, Respiratory disorders etc. For years I have noticed Stat Blind claimants regularly work x amount of time and then stop, extending their work incentives to an extent where they are making significant wages.
Why are these incentives not available to all the disabled? What would the savings be if someone had the fortitude to normalize this aspect of the disability program? I know disability is not “blindness” – that they are two separate programs; but why does this not get more attention?

Anonymous said...

I am not certain of the history of these benefits and work incentives in the SSA disability system, but in several states in which I've resided over the years, the lobbies for the blind have been very well-organized and have successfully forced legislatures into providing high benefits and incentives.

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Massachusetts Workers Comp