The Kentucky Supreme Court has issued an unpublished opinion holding that "Social Security benefits received by a child as a result of a parent’s disability—unlike other types of benefits, such as SSI—are not the type of “independent financial resources” that would permit a deviation from the child support guidelines ..." This question comes up fairly frequently around the country. There are fewer published opinions on this than one would expect.
Aug 28, 2011
Aug 27, 2011
Man Shot To Death At Detroit Social Security Office
CBS Detroit reports that "One man is killed, another flees on foot Friday night around 5:30 p.m. after a Detroit security guard fires nine shots at two men who jumped a fence at the Social Security office near Wyoming and 7 Mile Road."
Update: There was a break-in at the Social Security office but there are serious questions about the security guard's behavior.
Update: There was a break-in at the Social Security office but there are serious questions about the security guard's behavior.
Aug 26, 2011
Identity Theft Hearing Scheduled
From an announcement by the House Ways and Means Committee:
U.S. Congressman Sam Johnson (R-TX), Chairman of the House Committee on Ways and Means Subcommittee on Social Security announced today that the Subcommittee will hold a field hearing on Social Security numbers (SSNs) and child identity theft. The hearing will take place on Thursday, September 1, 2011 in the Plano City Council Chamber, 1520 Avenue K, Plano, Texas at 12:00 p.m. Central Standard Time.
Social Security By The Numbers
I recently posted a piece on my firm's website on Social Security By The Numbers that I had done earlier this year for the North Carolina Advocates for Justice magazine. You might find it interesting and revealing. Take a look.
Aug 25, 2011
Claims Can Be Taken During First 60 Days After ALJ Denial --- But ...
I am told that this recently showed up on Social Security's intranet:
Scope: All Regions
Tracking Number: 11-015
Status: Active
Brief Question
If a claimant receives an unfavorable decision, can the claimant file a new disability application during the 60-day appeal period (plus 5 days mail time) for the prior claim?
Detailed Question:
If a claimant receives an unfavorable decision, can the claimant file a new disability application for the same title and benefit type (as the prior claim) during the 60-day appeal period for the prior claim?
Answer:
Yes. If the claimant receives an unfavorable decision, the claimant has the option of filing an appeal or filing a new application during the 60-day appeal period (plus 5 days mail time).
If the claimant files an appeal, we will not accept a new disability application while a prior disability claim for the same title and same benefit is pending at any level of review (initial, reconsideration, hearing or Appeals Council) unless the exception in EM-11052 REV applies.
If the claimant submits a request for reconsideration, request for hearing, or request for AC review to the FO [Field Office] after filing a new application, the FO will contact the claimant or the claimant's representative to advise they have the option of filing an appeal or filing a new application, but not both.
If the claimant appeals an unfavorable hearing decision to the Appeals Council after filing a new application, the AC will contact the claimant or the claimant's representative to advise they have the option of filing an appeal or filing a new application, but not both.
Category: Disability Policy
Posted: 08/18/2011
Subcategory: Subsequent Disability Claims
Answered on: 08/18/2011
Purpose: Policy Clarification
Answered by: ODP [Office of Disability Policy]
Last Reviewed: 08/18/2011
Responsible CO [Central Office] Component: ODP
Due for Review: 08/18/2012
I have a question. If the claimant refuses to withdraw either the new claim or the appeal, what is Social Security going to do? There are specific regulations on dismissing appeals and trying to appeal and file a new claim is not listed as a basis for dismissing an appeal.
Aug 24, 2011
Disability Statistics
Social Security has released its Annual Statistical Report On The Social Security Disability Insurance Program for 2010. If you think that higher and higher percentages of Social Security disability claims are being approved, take a look at the chart above. Note in particular the increase in technical denials.
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