Social Security Disability Change Confusion Jeffrey Rabin Esq
Social Security Disability: Change & Confusion Jeffrey Rabin, Esq. The Law Offices of Rabin, Kodner & Brown 1 -847 -299 -0008 Prepared for Midwest Pain Treatment Education Expo August 13, 2017
Introduction General Law. n The Programs: Title II, SSI. n The analysis: How to analyze disability claims. n How to apply, appeal and not make mistakes. n Recent law changes -- a program under attack. n Returning to work and protecting your rights. n Law Offices of Rabin, Kodner & Brown 2017 2
Being Totally Disabled Means: n Unable to perform any Substantial Gainful Activity n By reason of a medically determinable impairment n That has lasted, or is expected to last, at least one year, or result in death. Law Offices of Rabin, Kodner & Brown 2017 3
The focus is on “function” How do the symptoms related to these medical problems affect the ability to work? Law Offices of Rabin, Kodner & Brown 2017 4
The Programs Social Security Disability n Title II (SSDI) - Two Tests: – Must be totally disabled; – Worked and paid FICA taxes for at least 20 quarters of the 40 before onset of disability; – Monthly benefits to claimant and eligible dependents; – Annual COLAs; – Medicare eligibility 29 months after onset date; – Protects Retirement Account. – Trial Work Period. Law Offices of Rabin, Kodner & Brown 2017 5
Supplemental Security Income (Title XVI) n SSI also has two tests: – You must be totally disabled; – must be indigent - single individual can not have more than $2, 000. 00 in non-exempt resources; – 2017 benefit is $735/mth – Spouse’s assets and income are deemed; – May need Supplemental Needs Trust. Law Offices of Rabin, Kodner & Brown 2017 6
The Analysis (how to climb the SSA ladder) Compassionate Allowance? n Involved in SGA? n Severe Impairment? n Meet or Equal the Listings? n Able to perform Past Relevant Work? n Other jobs considering age, education, work skills and Residual Functional Capacity? n Law Offices of Rabin, Kodner & Brown 2017 7
“Evidence” Expanded! n n n Longitudinal evidence is key. SSA will now consider P. A. s, Psych Nurse Practitioners, LCSWs and clinical mental health counselors as Medical Sources. Case Managers, social workers, shelter staff, friends all relevant. Law Offices of Rabin, Kodner & Brown 2017 8
Pain Claims are difficult Clinical Records = “Evidence” n n Can’t “prove” or “measure” pain/fatigue. Medical charts must describe symptoms. Pain Doc, Neuro, Ortho, Physiatrist, Rehab Doc must be supportive. . Jeffrey A. Rabin & Assoc. , Ltd. 2014 9
These claims can be won! n n Must be seeing doctors regularly. Must be describing symptoms. Seek mental health counseling if needed. Persevere! Law Offices of Rabin, Kodner & Brown 2017 10
Must “Sustain Activity” to work RFC - what activities can be performed despite the impairments? n Issue is ability to work 5 days/wk; 8 hours/day SSR 96 -8 p. n Medical records must document symptoms. n Consistency is key. n Law Offices of Rabin, Kodner & Brown 2017 11
CRPS – SSR 03 -02 p n n n Rulings are binding on Agency. SSA recognizes CRPS/RSD (finally!) Search charts for swelling, skin changes, hair loss, osteoporosis and/or involuntary movements. Looking at a longitudinal view of treatment records. 3 rd party sources are secondary. Consistency of functional limitation complaints is basis for evaluation. Law Offices of Rabin, Kodner & Brown 2017 12
SSR 12 -2 p Evaluation of Fibromyalgia SSA acknowledges Fibromyalgia as a “medically determinable impairment. ” n Treating Rheumatologist is important n Focus on 1990 ACR Criteria n – History of pain in 4 quadrants – Must repeatedly chart at least 11 positive tender points bilaterally and above/below waist – Repeated evidence of symptoms. Jeffrey A. Rabin & Assoc. , Ltd. 2014 13
HOW TO APPLY FOR BENEFITS n Initial application n Reconsideration n Administrative Law Judge Hearing n Appeals Council n United States District Court n United States Court of Appeals Law Offices of Rabin, Kodner & Brown 2017 14
Cutting through the red tape! Whenever possible, apply/appeal online n File all appeals AS SOON AS POSSIBLE n Advise SSA of address changes, medical condition n Keep copies of all paperwork n DO contact guidelines n – Timing at office – Don’t go alone Law Offices of Rabin, Kodner & Brown 2017 15
CONTINUING DISABILITY REVIEWS (CDRS) Issue is “medical improvement sufficient to allow return to work” n Millions to be reviewed. n More SSA surveillance n Law Offices of Rabin, Kodner & Brown 2017 16
Returning to work: Title II (SSDI) rules n Trial Work Period – Can be paid for work and still collect benefit check – Allowed 9 months out of any 60 month block of time – $840. 00 gross/mth is a TWP month in 2017 ($810 in 2016, $780 in 2015) – Will increase annually with Cost of Living Adjustment – Obligation to report to SSA Law Offices of Rabin, Kodner & Brown 2017 17
Additional Protection after Trial Work Period n EXTENDED PERIOD OF ELIGIBILITY – Lasts for 36 months after TWP. – If less than $1170/month in 2017, ($1130 in 2016) benefits continue. – Extended Medicare. Law Offices of Rabin, Kodner & Brown 2017 18
Supplemental Security Income (Title 16) rules Work income offsets benefits n After $85. 00 exclusion SSI grant is reduced by $1. 00 for every $2. 00 earned. n Additional exclusions for impairment-related work expenses. n PASS programs can be set up with local office. n Avoid overpayments: Report to SSA. n Law Offices of Rabin, Kodner & Brown 2017 19
RECENT UPDATES n n New Regulations decrease favorable decisions – esp. treating physican rule. Present chairperson NAMI Du. Page; past chair of Alliance to End Homelessness in Suburban Cook County. Twitter: @Rabin. SSLawyers; “Like us” on Facebook! Join “My Social Security” on SSA website. Law Offices of Rabin, Kodner & Brown 2017 20
Many thanks for attending today! n n Sign up for our monthly newsletter – give your card to Jeff or email info to him. We know your time is valuable and we hope that this information was useful. Never hesitate to reach out to us– no obligation or fees for questions. Special Thanks! to Gracie Bagosy-Young and her sponsors for their help in making this event happen. Law Offices of Rabin, Kodner & Brown 2017 21
WE ARE HERE TO HELP! Law Offices of Rabin, Kodner & Brown 636 S. Des Plaines River Rd. Suite 300 Des Plaines, IL 60016 847 -299 -0008 jeff@RKBlegal. com www. rkblegal. com (Offices in Du. Page, Lake, Mc. Henry, Downtown Chicago, Ford Heights and Will Counties) Law Offices of Rabin, Kodner & Brown 2017 22
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