On August 26, 2019, the Social Security Administration released Social Security Ruling 19-4p, a new Ruling that addresses primary headache disorder. This Ruling explains how the Social Security Administration (“SSA”) evaluates primary headache disorders in disability claims.
For those of us in Social Security law practice, it is evident that the hearing offices in Northern California, Reno and Hawaii are taking longer to issue written decisions following hearings. It has been publicized that the waiting times to obtain hearings has slowed across the U.S., and we have passed along the statistics showing these delays in a separate article.
At the LaPorte Law Firm our clients primarily live in the Bay Area. The hearing offices in the Bay Area – San Francisco, San Jose, Oakland, and San Rafael – are under the jurisdiction of the Ninth Circuit Court of Appeal. Here is a summary of updated Ninth Circuit case law that deals with issues effecting Social Security Disability Claimants.
To determine if a claimant can perform a job despite limitations from a health problem, the Administrative Law Judge (“ALJ”) will hear testimony from a vocational expert. The vocational expert is an impartial expert who has a working knowledge of the existence and demands of jobs in the national economy.
Each January, individuals who receive SSA disability or retirement benefits receive a Form SSA-1099. This form shows the amount of social security benefits you received in the previous year. You may have to pay federal income tax on these benefits if you have other substantial income in addition to your benefits (such as wages, self-employment, interest, dividends, or any other taxable income that you report on your tax return). According to Social Security and the IRS, about 40% of people who receive Social Security benefits, including retirees, have to pay income taxes on their benefits.
On November 15, 2018, the Social Security Administration (SSA) proposed a new rule that would affect your right to an in-person hearing before an Administrative Law Judge (ALJ). Under the current rules, SSA policy gives you the right to attend your hearing in person.
At the LaPorte Law Firm, we take pride in providing information to our clients so that they know what to expect in terms of wait times. Our attorneys take care to give accurate and up to date wait-time estimations. Here is an updated list of current average wait times as of February 2019. Below we’ve provided a link to find out which hearing office has jurisdiction over your SSDI or SSI disability claim.
Hiring an attorney improves your chances of obtaining a favorable decision from a disability judge. According to a December 2017 report by the Government Accountability Office, disability claimants who were represented at their hearing were almost 3 times as likely as unrepresented claimants to achieve a favorable result.
If you recently received a notice about a class action settlement from Social Security, you may be eligible to have your prior denied claim reopened. If successful, this appeal could result in the payment of substantial retroactive payments and the possible approval of ongoing disability payments.
It is no surprise to our clients and others that SSA offices have failed, or more accurately, have been unable to provide quality service to the public. What is clear from the data is that Congressionally-mandated budget cuts over many years are the reason for SSA’s problems.
