Social Security Disability Blog

Per tax experts at AARP, Social Security disability benefits may be taxable, “depending on two things: the type of disability benefit you get and your overall income.” It depends, to some extent, on whether you receive SSI or SSD: “Social Security operates two benefit programs for people with disabilities: Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI). SSI is cash assistance for disabled, blind and older people with low incomes and limited financial assets. Social Security administers the program, but money from the U.S. Treasury, not your Social Security taxes, pays for it. SSI payments in 2021 max out for an individual at More...

[Many of you have requested a reprint and update of the time involved before SSA hearings are scheduled.] A large problem with Social Security disability claims is the delay in getting SSA to decide cases. After the initial application and reconsideration, these delays have historically led to undermining some of the program’s purposes. Some delays had previously averaged 1.5 to 2 years or more. Waiting for your SSA hearing causes hardship, financial insecurity, reduced access to healthcare, and emotional turmoil. MMA has always pushed to reduce this delay by urging the hiring of more ALJ’s and staff, and avoiding undue legal burdens in obtaining benefits. More...

We at Margolius, Margolius and Associates are proud of our attorneys and staff. Our highly experienced attorneys are Rigel Ariza, Michelle DeBaltzo, Emily Gilbert, Markus Lyytinen, Michelle McFarland, Paul Newendorp, Jennifer Hanselman Regas, and, of course, Marcia and Andrew Margolius. Our staff and case workers are also highly valuable. They are Valarie, Valerie, Lisa, Angela, Sue, Denise, Tamika, MaryAnn, Sara, Nancy, Donna C. and Donna J. And our receptionist, Debbie, is the valuable conduit for all communications. We value them all. We have lead attorneys on your case but use a team approach. This team approach includes you, and we value your inut and insight. More...

This chart shows the chances of success at the five major disability levels: initial, reconsideration, ALJ hearing, Appeals Council, and Federal Court. This represents general chances of winning, and is not divided into regions or law firm representation. Source: 1) Initial and Reconsideration Data: SSA State Agency Operations Report; 2) Administrative Law Judge and Appeals Council data: SSA Office of Hearings Operations (OHO) and Office of Analytics, Review, and Oversight (OARO); 3) Federal Court data: SSA Office More...

Many of our litigation clients get confronted with inquiries about social media in the litigation process. Our modern society encompasses use of Twitter, Facebook, Instagram and other media without much thought. A quick picture, a comment, an invitation or a joke are generally considered harmless but one misstep can be seized upon by a savvy defense lawyer, and ruin your claim. For example, you post a picture of yourself at a bar on the night you were harassed, or you joke about suing your employer in a Facebook post. Even if this was a joke, or you are celebrating your husband’s birthday, or just enjoying More...

President Joe Biden on July 9, 2021 fired the head of the Social Security Administration after the official, who was appointed by former President Donald Trump, refused to resign. The White House said the Social Security commissioner, Andrew Saul, “undermined and politicized” the agency’s benefits, among other things that warranted his firing. Saul’s deputy, David Black, who was also appointed by Trump, resigned on Friday at the White House’s request. “Since taking office, Commissioner Saul has undermined and politicized Social Security disability benefits, terminated the agency’s telework policy that was utilized by up to 25 percent of the agency’s workforce, not repaired SSA’s relationships with More...

Our law firm has been relying on telephone and internet during the pandemic as a vital means of communication between client and attorney. We now have access to in-person meetings although many of you have voiced that telephone, zoom or skype communications are preferable. Our goal is to insure that we have clear, comfortable and convenient communications, and to give you choice. Let us know works best for you and your schedule. We are happy to accommodate in any way possible. Please note our phone calls typically show our office number (216-621-2034). Sometimes, when working from home or over the weekend, our calls may appear More...

When individuals receive notice that their disability claim is suddenly being reviewed, and/or are being requested to attend an independent medical exam, confusion and fear sometimes occurs. While it is something you should not ignore, it does not mean that the claim will be denied or that your benefits will be disrupted. An independent medical examination can be an opportunity for you to provide important, relevant information to the LTD provider. This right to a medical exam emanates from a provision in the insurance policy with the insurance company. Bear in mind that the idea that this is an “independent” examination is a misnomer. It More...

Update May 2020 : Disability hearings continue to move forward albeit differently and at an unusual pace. Social Security hearings are being held by telephone and are usually limited to mornings. The Judges are managing these hearings well and have actually been relatively quick in getting out decisions. Litigation is still moving forward despite a moratorium on trials. Pretrial proceedings are continuing by telephone, some depositions are proceeding by video and document production is unaffected. Long term disability claims have been subjected to slow downs due to difficulties in obtaining medical records and possible staffing issues with LTD carriers. Contact us by phone (216-621-2034) or Email More...

The big and difficult issue involves employees returning to a workplace but only with safe work conditions. Pressures exist on both sides of the equation, with employers seeking a return of employees and increased productivity, and employees needing jobs, under safe conditions. Unemployment claims, as an aside, are moving along at a snail’s pace. Headlines range from “Corporate America seeks legal protection for when coronavirus lockdowns lift” to “What to do if you’re worried about returning to work as coronavirus lockdowns are lifted” New legislation has already touched upon immunities and employer protections but employee rights are still evolving. Opt out provisions for small businesses More...