Most Americans probably assume that to qualify as “disabled,” an individual must be physically unable to work for a living. In fact, the Social Security Administration deems individuals disabled if they cannot continue working in their chosen profession and “cannot adjust” to a different job. ...It’s even possible to collect payments for being disabled from a job you were never able to perform. A few years ago, a Newport News pipefitting apprentice was fired for cause after earning failing marks in her training courses.
But because she injured her wrist before she was terminated and would have been unable to continue in the job, had she been able to do it, a judge ruled that she established “a prima facie case of total disability.” ...
The SSA’s guidebook, which might as well be entitled, “You, Too, Can Be Disabled!” walks applicants through the steps to collect their jackpots. The first requirement is not to have traceable income of more than $900 a month.
Next, one must present a malady that is either among the listed impairments or is equal in severity. The lists are so exhaustive that almost everyone has some condition by which they could claim to be disabled. ...
For example, the guidelines say that in determining whether an individual has a musculoskeletal disability, the “inability to walk on the heels or toes, to squat, or to arise from a squatting position may be considered evidence of significant motor loss.” It also may be considered evidence of being older than 40.
Among the disabilities listed under “skin disorders” is dermatitis — i.e., dish-pan hands. Some skin conditions can be deemed disabling merely because they’re upsetting. ...
Yet the biggest travesty is that chiselers are clogging a system designed to help individuals who drew the genetic short straw and, through no fault of their own, cannot work to support themselves.
Mar 7, 2007
One View Of Social Security Disability Benefits
Mar 6, 2007
Most Have No Alternative To Social Security Disability Benefits
United Press International reports that a study shows that only 44% of Americans have long term disability insurance, even though disability insurance benefits under Social Security are only paid after a five month waiting period -- and most Social Security disability claimants have to wait much longer for a disability determination or appeal
Mar 5, 2007
Personnel Changes At SSA
Proposed Regulations On Overpayment Personal Conferences
We propose to revise our title II regulations and add title XVI regulations on personal conferences when waiver of recovery of an overpayment cannot be approved. These proposed rules would allow for the conferences to be conducted face-to-face, by telephone, or by video teleconference in these circumstances.
Mar 4, 2007
Ticket to Work Meeting
Social Security's Ticket to Work and Work Incentives Advisory Panel has scheduled a teleconference meeting for March 13. If you are really a glutton for punishment, it is possible to listen in.
Mar 3, 2007
Xenia Accountant Pleads Guilty
The Dayton Daily News reports that a Xenia, OH accountant has pleaded guilty to Social Security fraud. He had taken $116,000 in Social Security disability benefits despite working.
Mar 2, 2007
Time To File EAJA In Sentence Six Remands
This may seem impenetrable to most readers, but it is actually a fairly hot issue for attorneys who do much Social Security work in federal court. From the published opinion of the 9th Circuit Court of Appeals in Van v. Barnhart, issued on February 26, 2007:
In this case, we consider whether in order to be deemed timely under 28 U.S.C. § 2412(d)(1)(B), a Social Security disability claimant who, following a remand under sentence six of 42 U.S.C. § 405(g), obtains a favorable determination from the agency and enforces it in the district court by a judgment to which the government consents must file an application for attorneys’ fees under EAJA within 30 days after the entry of judgment, or, whether he may file within 30 days following expiration of the 60-day appeal period provided for by Rule 4(a)(1)(B). We hold that such a claimant, like other successful sentence-six remand claimants, may file within 30 days after the 60-day appeal period in Rule 4(a) has expired. Thus, we reverse the district court and remand with instructions to consider Van’s fee application on the merits.
Man Burns Father's Body To Get Social Security Benefits
A man who admitted burning his father's body a decade ago so the family could continue to cash his Social Security disability checks was sentenced to five months in prison and ordered to pay $133,000 in restitution. ...
Larry McWilliams died of natural causes on Jan. 13, 1997, at the family home's near Lewistown in northeast Missouri.
U.S. Attorney Catherine Hanaway said the family burned McWilliams' body to hide any evidence that he had died.
Betty McWilliams tended the fire to make sure no bones were left unburned, according to Hanaway. All three knew that Larry McWilliams' Social Security benefits would stop if his death was reported.