Social Security Disability Blog

On December 19, 2011, the Office of Disability Adjudication and Review (ODAR) instituted a new policy in which the identity of the Administrative Law Judge (ALJ) assigned to a claimant’s case will not be revealed until the day of the claimant’s actual hearing. It appears that the reason for this new policy is in response to representatives objecting to certain ALJ’s, specifically some of the ALJs at the National Hearing Offices, and some abuse by a particular national (1-800) law firm. This policy is an attempt to deal with a very specific problem but now creates a new set of issues.  Generally speaking, if a hearing is More...

The Social Security Administration has just announced cost-of-living increases for 2012. There will be a 3.6 percent cost-of-living increase in Social Security benefits effective December 2011.  This occurs after no increases since 2009. As a result of this increase,  other benefit rates, values and costs will increase for 2012: 1.    The maximum  Supplemental Security Income (SSI) monthly benefit amounts for 2012 will be $698 for an eligible individual, $1,048 for an eligible individual with an eligible spouse, and $350 for an essential person; 2.    The monthly exempt amounts a retiree can earn for taxable years ending in calendar year 2012 will be $1,220, for years prior to the year in which a person More...

Olga Lombardi, a client of Margolius, Margolius, & Associates, spoke with a well known financial planning magazine about the importance of hiring an authorized representative to help you pursue a Social Security Disability claim in a recent issue of Kiplinger’s Retirement Report. Ms. Lombardi won her case with the help of Margolius, Margolius, & Associates after being denied twice by the administration. Marcia Margolius was also quoted in the article. To read the article, please click on the link below. For more information: Hire a Pro When Filing a Disability Claim More...

The Cleveland Social Security hearing office is moving to a new location in Tower City. The Office of Disability Adjudication and Review (ODAR) will now be located at the Skylight Office Tower in Tower City Center. Their new address is: Office of Disability Adjudication and Review 1660 West 2nd St Room 500 Cleveland, OH 44113 For a layout of Skylight Office Tower and directions to the new ODAR office, please follow the link below. Skylight Office Tower layout and ODAR office directions More...

The Supreme Court issued an opinion on May 16th entitled Cigna Corp. v. Amara which lends itself to a series of differing interpretations.  The Long Term Disability law, ERISA, often has rules which greatly favors insurance companies over individual rights, including very deferential standards of review for the denial of LTD benefits.  The Amara case involved errors and misstatements to Cigna employees about the extent of their pension plan rights. While the Supreme Court reversed the Court of Appeals in favor of Cigna, it felt that a different part of the law (29 USC 1132(a)(3) allowed employees to seek equitable relief if no other portion of the statute specifies More...

While many people apply for Social Security Disability, there is both information and dis-information out there about how the process works and when benefits are awarded.   Whether people get information from the internet, or stories from friends and family, or even the government, some of the misconceptions only serve to frustrate, intimidate, and deter people deserving of help. While it is true that navigating the bureaucratic maze that Social Security has constructed can be difficult at times, the benefits are there for those who qualify and it is imperative that you don’t give up. Having someone fighting for you, defending your rights, and making sure More...

If you have any questions about Social Security, long-term disability, employment law or litigation, feel free to email your question to info@margoliuslaw.com/wp and we will try to answer your question or post the issue in future articles.  For more immediate help or representation, call 1-800-234-7792. More...

No one deserves peace-of-mind  more than a disabled individual who has already established entitlement to Social Security benefits.  Usually the only requirement for benefits to continue without interruption is for the individual to continue with medical care, follow medical advice and not engage in substantial work activity. However, circumstances can affect the level of a benefit payment and must be dealt with directly to avoid an overpayment of disability. Overpayments are aggressively pursued by Social Security so the best defense is a good offense. Overpayments generally occur when there has been work activity or if the individual is receiving benefits from another disability/injury  program such More...

Many of our clients are confronted with work restrictions where they want to work and do their job, but there are physical or even mental health disabilities which impede their overall productivity.  From the employer’s view, they want to insure that the employee can still do the job and are often unjustly concerned about perceived increased costs and safety.  This scenario calls into play the reasonable accommodation provisions in disability law where a balanced approach is undertaken to allow the employee to work.  Under the accommodation provisions, the employee may be allowed to modify the job to some extent so long as they still do the More...

Social Security Disability processing times for selected states and cities.  More...