New York Social Security Disability Lawyer Blog

Beginning on March 1, 2011, Social Security checks will no longer be mailed out to new recipients of disability benefits.

The Treasury Department recently announced that all United States Government benefits payments will be made electronically to beneficiaries via direct deposit or onto a special debit card. Social Security Disability and Supplemental Security Income claims allowed on or after March 1, 2011 will be affected. Those whose claims were allowed before that date will have until March 1, 2013 to make the conversion if they are receiving their checks in the mail.

For those who do not have a bank account into which the benefits can be deposited, the Treasury Department has a Direct Express debit card to which payments will be made. That same card also accepts payments of Veterans benefits, Unemployment benefits, and Railroad Retirement benefits.

The move to paperless transactions is hoped to improve government efficiency and reduce costs normally associated with manually sending those checks in the mail. An estimated $48 million is expected to be saved annually on postage alone, and it will reduce or eliminate the problems associated with lost checks and fraud.

Brian Anson

On May 8, 2010, I had the privilege of volunteering my time and expertise in Disability Law alongside several other local professionals at the National Multiple Sclerosis Society's Law Day in White Plains, New York. The other volunteers brought their respective expertise in areas such as matrimonial law, financial planning, job discrimination, and estate planning. The issues and questions presented to me throughout the course of the day ranged from the relatively straightforward to the legally complex. What became clear however, is that Social Security Disability plays a significant role in the lives of not only those seeking it, but also those currently receiving it. Thus, an award of disability benefits does not necessarily end the complications which may arise depending on the individual's particular circumstances.

The National Multiple Sclerosis Society and its volunteers provide invaluable services to individuals with MS and I feel privileged to have made my particular contribution. A special thanks to the staff for their continuing efforts to serve and assist individuals suffering from MS. I look forward to working with them again.

Brian Anson

Entitlement to Social Security benefits may come to an end for a number of reasons. I previously discussed medical improvement prior to the resolution of a claim, which can potentially entitle one to a closed period of disability. In the last blog, the focus was on a return to work after benefits have been granted, resulting in a cessation of benefits due to work activity. Benefits may also come to an end after the Social Security Administration conducts its own independent review.

A person receiving Social Security Disability or Supplemental Security Income benefits can expect to be reviewed every four or five years. This is the Administration's way of finding out if a payee is still "disabled," and hence, still eligible for benefits. They will start by sending a written notification announcing their intent to conduct a Continuing Disability Review ("CDR"). Just as medical evidence is required to establish initial eligibility, it is also necessary to prove ongoing entitlement.

If you need your benefits to continue, it is imperative that you remain under treatment by a medical doctor while you are on disability. Far too often, I've spoken to clients who tell me that they've stopped seeing their doctor because that doctor advised them that "there was nothing more he/she could do for me." While this may in fact be true, it will under no circumstances satisfy the Social Security Administration when they ask for proof that a beneficiary remains disabled. The Administration may require you to see one or more of their medical consultants while they review your continued eligibility. Should that doctor's opinion be unfavorable (as is often the case), the only way to combat it is by having a supportive opinion from your own doctor. Should the Social Security Administration have an unopposed medical opinion, it is highly likely that your benefits will cease.

The Continuing Disability Review process is determined in large part by medical support, but procedural matters can require the assistance of qualified legal representation. However, the most important thing a recipient of Social Security Disability or Supplemental Security Income benefits can do for himself is to continue seeing a medical doctor.

While medical improvement is ultimately the best a disabled person can hope for, there are certainly no guarantees that medical treatment will help. However, often thanks to talented medical professionals, treatment is successful and a disabled individual is able to return to work. This can happen at various times, be it while a Social Security application is pending, or after benefits have been granted.

Brian Anson

In my last blog entry, I discussed how a claimant's return to work while his or her Social Security Disability application is pending will not necessarily preclude an award of benefits. This may happen when medical improvement occurs, allowing the applicant to successfully re-enter the workplace. What happens if that medical improvement doesn't occur until after the claimant is already receiving Social Security benefits?

As previously noted, an award of Social Security benefits is by no means a declaration of permanency. In fact, the Social Security Administration offers incentives for attempting to return to work without fear of losing your monthly benefits. Any recipient of Social Security benefits will tell you that the monthly benefit amounts, while helpful, do little more than cover basic costs of living expenses.

There can be any number of reasons a disabled individual may want to attempt to work, but often it has a lot to do with finances. However, it is understandable that one may worry about losing the security of a monthly disability benefit by trying to work. Fortunately, the Administration's rules allow for a recipient to engage in a "trial work period" during which he or she may work and receive benefits. Nine trial work months are allocated to those receiving disability benefits, and they may be used consecutively or non-consecutively. While disability beneficiaries are obligated to notify the Social Security Administration of any work activity, it is especially important to do so after nine months, or risk owing the Administration money.

It bears noting that there are circumstances under which one may receive disability benefits without exhausting any trial work months, if earnings are minimal or special accommodations are made related to the work activity. An attorney who specializes in Social Security Disability and Supplemental Security Income is always one of the best people to consult if you have questions about work activity while receiving disability benefits.

For more information on returning to work, check out the article by Lew Insler and Gabe Hermann, entitled "7 Things You Need to Know Before You Return to Work."

Brian Anson

A common misconception among some Social Security claimants is that in order to receive benefits one must be "permanently disabled." Conversely, some recipients believe that once they are deemed "disabled" by the Social Security Administration, they are considered "permanently disabled." While many medical conditions may very well be permanent, a determination by the Administration does not guarantee lifetime eligibility. The ramifications of this fact are significant. In this, the first part in a series, I will discuss "temporary" disability and the availability of benefits for those who are out of work due to a medical condition but have every intention of returning to work at some point in the future.

Frequently, people become unable to work because of an injury, be it work-related or not. Often, the road to recovery involves surgical intervention. Depending on the nature and severity of the injury, it is perfectly reasonable that an individual will be unable to work until sometime after surgery and post-operative treatment is completed.

Social Security's regulations say that a claimant for benefits may be eligible if his or her medical condition will prevent him or her from working for a period of at least twelve months. Eligibility can also be found if that medical condition can be expected to prevent one from working for at least twelve months. A treating physician is generally the best person to determine the duration, or anticipation duration, of a disabling medical condition.

Those individuals who may anticipate a return to work following the onset of a disability should absolutely consult with a Social Security Disability attorney. That attorney will be in the best position to advise you as to your options. "Closed periods" of disability may very well be awarded to cover a claimant for only the actual time lost, assuming it is at least twelve months. As such, an anticipated return to the workforce should not act as a bar to an inquiry into eligibility for Social Security Disability benefits.

Brian Anson

The way in which a Social Security Disability claimant finishes that sentence is at the heart of every claim for Disability Insurance Benefits. In order to be found eligible for Social Security benefits, there are certain medical as well as non-medical requirements which must be satisfied. The medical requirements could be summed up by how the above sentence is completed.

All too often, potential clients will give me reasons for their inability to work which do not address these medical requirements and, if not for the guidance of an experienced Social Security practitioner, could very well doom a claim. One common example is, "no one will hire me with my medical condition." Another is, "I can't travel to and from work." While these two explanations may be factually accurate, they do not specify a medical reason for not being able to work. Not only do these fail to specifically answer the question being asked by the Social Security Administration, but they can actually irreparably damage your claim.

The Social Security Administration must determine if a claimant has a medical condition (or conditions) that prevent him or her from being able to work on a full-time basis for a period of at least twelve (12) months. To put it simply, they do not care if no one will hire you, or whether you can travel to and from a place of employment. They assume for purposes of their analysis that the hypothetical job is available to you and that the commute is not an issue. Once there, can you do the job? If you cannot for medical reasons, then benefits are potentially payable.

The potential harm done by answering the question by failing to state a medical reason is that it can imply your ability to work when you cannot. Therefore, it is imperative that a brief medical explanation be offered in support of a claim for disability benefits.

Brian Anson

While I may be a new addition to the law firm of Insler & Hermann, I am no stranger to the practice area of Social Security Disability. In fact, I started my career in this practice area while working with Gabe Hermann in 1997. Like him, I have been representing disability claimants since then without interruption.

I've been fortunate enough to remain in contact with Gabe ever since then, and have followed his career as he joined Lew Insler years ago. He has always been the consummate professional and a wealth of information. On a chance encounter last year, I was fortunate to appear for a hearing in the Bronx at the same time he was. This set into motion a series of events which led to a meeting with his business partner, Lew Insler. Lew struck me as someone passionate about the law and compassionate about his clients.

Since joining the firm last month, I quickly learned that Lew and Gabe carry this approach into how they practice law and represent their clients. Attention to detail and a personal attitude distinguish them from many other practitioners in this area of law, and I'm glad to bring the same qualities to their practice.

At a recent lunch, Lew addressed the staff on the positive feedback we continue to receive from our clients. "The reason for our success: each and every one of you really cares," he told us, expressing his gratitude to the entire staff, from the paralegals and secretaries to the bookkeeper. In the weeks since I've begun working here, I have seen this dedication firsthand, and it makes me proud to be a part of this firm.

I'm extremely excited to become an active part of the law firm of Insler & Hermann and encourage people to email me directly at bma@nymetrodisability.com with any questions or ideas for future blog topics. I look forward to hearing from you.

Brian Anson