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.