I recently blogged about Attorney Fees in Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI) cases, but there are instances where attorneys can get paid for work performed before the federal court under the Equal Access to Justice Act (EAJA). To aid individuals have access to the Court systems to remedy unjust governmental action by paying attorney fees and costs, the Federal government enacted the Equal Access to Justice Act (EAJA). 5 U.S.C. § 504; 28 U.S.C. § 2412. To receive payment under EAJA, several criteria must be met:
I am often asked about how attorneys are paid on Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI) (technically non-attorney representatives are paid the same way, but see about the "Dangers of Non-Attorney Reps in Social Security"). First, any fee charged or collected by a representative must be approved by the Social Security Administration. It is a federal crime otherwise!
Social Security Disability Insurance (SSDI) benefits may be paid directly to a disabled worker or another person may draw benefits as a result of that worker. Auxiliary beneficiaries encompass dependency and survivor benefits that first require a wage earner who met entitlement requirements. The following are types of auxiliary beneficiaries:
Today, even compared to ten years ago, useful resources for the Social Security Disability Insurance (SSDI) or SSI attorney are everywhere. The cost can range from nothing for readily available materials on the internet to hundreds of dollars for multi-volume treatises. Apart from traditional resource material (paper or electronic), an attorney now also has more wide ranging opportunities to connect to other attorneys and professionals practicing disability law or an allied profession. None of the resources mentioned below are meant as an advertisement or endorsement, but are exemplary, with the realization that many more probably exist that are equally good.
When a person is receiving Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) benefits, the monthly amounts can affect or be affected by other benefits or amounts recovered under other federal, state, and/or private benefit policies. Of course, monthly SSDI benefits can affect a person's eligibility for SSI benefits under the federal statutes or can at least reduce those amounts to a smaller amount. Since SSI is a needs-based calculation, it does not matter where the assets come from so Title II benefits definitely can affect that calculation.
Often applicants for Social Security Disability Insurance (SSDI) receive Unemployment Insurance (UI) benefits and questions arise as to problems this situation may present. Both programs have different definitions and thus receipt of UI benefits is not necessary contradictory. Currently, the Social Security Administration (SSA) has the policy described below.
Time for the updated on the average processing times and approval rates for Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI) cases at the hearing level. You can click here to review the March update and compare. Please remember that these statistics are only for claims pending at the hearing level or Office of Disability Adjudication and Review. The claims at a hearing office have already been through the Application and Reconsideration steps.
Periodically, the Social Security Administration (SSA) produces "rulings" that clarify or discuss some policy or regulation regarding Social Security Disability Insurance (SSDI) or SSI. For instance, in 2014 the SSA releases SSR 14-1 dealing with Chronic Fatigue Syndrome. SSR 15-1p rescinds and replaces SSR 02-2p: "Titles II and XVI: Evaluation of Interstitial Cystitis."
Social Security Disability Insurance (SSDI) and SSI claimants suffering from chronic fatigue syndrome (CFS) know that they often have a tough battle convincing people of the severity of their condition. This includes administrative law judges working for the Social Security Administration who often discredit the disease like they have historically done for those suffering from fibromyalgia.
Attention claimants and representatives regarding Social Security Disability Insurance (SSDI) claims! The SSA published the final rules on the submission of adverse evidence in disability claims. The final rules amend both the regulations on "Evidence of your impairment" (20 C.F.R. §§ 404.1512 and 416.912 and the "Rules of Conduct and standards of responsibility for representatives" (20 C.F.R. §§ 404.1740 and 416.1540).