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.
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.
A recent study looked at the question of whether Social Security benefits are lower for mothers, resulting in a “motherhood penalty.” The study found that the lifetime earnings of mothers with one child are almost 30% lower than women who have no children.
Thousands of individuals denied Social Security disability benefits after submitting to a medical exam by Dr. Frank Chen may soon be given the opportunity to have their denied claims re-evaluated as a result of a recent legal settlement. These claimants include those who were examined between 2007 and 2013 by Dr. Frank Chen at one of Social Security’s clinics located in the San Francisco Bay Area and San Luis Obispo County, including Northstate, Health Analysis, Priority, Pacific Health Clinic, or any other clinic at which they were seen by Dr. Chen.
Politicians have made hay over the last several years claiming that Social Security is approaching “bankruptcy” with too many people receiving retirement and disability benefits for Social Security to have a sustainable future. These claims have been repeatedly shown to be exaggerated.
How the Social Security regulations establish entitlement to disability benefits due to COPD, Asthma, or other Respiratory Disorders
COPD, asthma and other respiratory disorders can cause significant limitations which can effectively prevent individuals from being able to sustain the requirements of full-time employment.
