Social Security Law Archives | Philadelphia Worker's Compensation Lawyer Blog

Attorney Harris "Writing" Article Published

2013-02-07T15:40:29Z

Attorney Maria E. Harris, recently had an article published
in The Legal Intelligencer. The article, "The Significance of Writing in the Legal Setting" was published in the "Young Lawyers Supplement" to The Legal Intelligencer on Tuesday, January 22.

In the article, Maria talks about being an attorney annd why the ability to write, proficiently, is imperative. "Writing in the law is a form of art - advocacy in its most creative form. The goal is to paint a pathway that leads to an obvious conclusion, one that the reader could and should have reached on his or her own when given the same information." Read the full article here.

Maria Harris is an attorney with Martin Banks, focusing her practice on Social Security and ERISA or long-term disability. She was recently elected the vice chair of the young lawyers division of the Philadelphia Bar Association.

Removal from the Workforce by Means of Retirement

2012-01-25T21:00:00Z

In the case Keene v. Workers' Compensation Appeal Board (Ogden Corp.), the Commonwealth Court held that a claimant, who was receiving Social Security Disability, did not remove herself from the work force, because she testified that she stopped looking for employment for a two-year period after a work-related knee replacement. Judge Friedman wrote that before the employer could suspend her benefits, they had the burden of showing that the claimant voluntarily retired. According to previous case law the employer meets this burden of proof by providing: (1) there is no dispute that the claimant retired, (2) the claimant has accepted a retirement pension, or (3) the claimant has accepted a pension and refused suitable employment. Since, the claimant did not accept the retirement pension and could not find suitable employment, there was no basis for voluntary retirement.

Medicare Part B Premiums lower than projected for 2012

2011-12-16T14:37:10Z

The U.S. Department of Health and Human Services announced that Medicare Part B Premiums will be lower than projected. The Part B premiums will have a 3.6% increase to coincide with the COLA increase previously decided earlier in the year. For 2012 the Medicare Part B Premium will be $99.90 and the Part B deductible will decrease by $22, however the premiums paid for Medicare's prescription drug plan will remain virtually unchanged.

Medicare Part B covers physicians' services, outpatient hospital services, certain home health services, durable medical equipment and other items. These services have been greatly improved since the Affordable Care Act was passed, which allows Medicare beneficiaries to receive free preventative services and a 50% discount on covered prescription drugs when they enter the 'donut hole.'

Medicare Part A beneficiaries will see a modest increase in monthly premiums.

To read more information Click Here.

Social Security Opens National Hearing Center

2011-11-17T21:46:39Z

In an effort to control the amount of backlogged cases and reduce the waiting time for a disability decision, the Social Security Administration has opened numerous National Hearing Centers. These National Hearing Centers allow for Administrative Law Judges (ALJ) to hold hearings through video conference. The hope for these new Hearing Centers is to decrease the amount of backlogged cases in various urban areas, as well as making it easier for people living in rural areas of the country.

Since the hearing centers opened in 2007 the processing time for decisions has reduced by 154 days and the overall amount of decisions made annually have increased by 45%. In addition to the opening of National Hearing Centers, the Social Security Administration has implemented the use of Attorney Advisors who can issue decisions on certain cases, rather than going through the entire appeal process with an ALJ.

Social Security Hearings Backlog Down for First Time this Decade

2009-11-11T00:00:00Z

Commissioner of Social Security, Michael J. Astrue, recently announced that the agency has ended the year with fewer disability hearings pending than in the prior year. Social Security ended fiscal year (FY) 2009 with 722,822 hearings pending compared to 760,813 hearings pending at the start of the year, a reduction of more than 37,000 cases. Over the same period, the average processing time for these cases improved from 514 days in FY 2008 to 491 in FY 2009.

“Our backlog reduction plan is working, and progress is accelerating,” Commissioner Astrue said. “Even in the face of a significant increase in our workloads as a result of the worst recession since the Great Depression, we have reduced the hearings backlog for nine consecutive months. Thanks to the efforts of thousands of hardworking Social Security employees and the additional funding we received from President Obama and the Congress, we have exceeded our backlog reduction goal for this year.”

In addition to reducing the number of cases awaiting a hearing decision, the agency again targeted the oldest and most difficult cases for processing. Beginning in FY 2007 with 65,000 cases that were 1,000 days old or older, the agency has continually attacked its “aged” cases. This year, the agency targeted 166,838 cases that were 850 days or older and virtually eliminated this entire universe of cases. The goal in FY 2010 has been reset again to eliminate cases over 825 days old.

For more information about Social Security’s hearings process and backlog reduction initiatives, go to www.socialsecurity.gov/appeals.

Prompt Passage of Economic Recovery Act Payment for 2010 Needed

2009-10-28T00:00:00Z

Law Does Not Provide for a Social Security Cost-of-Living Adjustment for 2010

Since the Cost-of-Living Adjustment (COLA) went into effect in 1975, this will be the first year that there is no automatic adjustment. Social Security and Supplemental Security Income benefits for more than 57 million Americans will not automatically increase in 2010.

Some other changes that would normally take effect in January 2010 based on the increase in average wages also will not take effect, even though average wages did increase. Since there is no COLA, the statute prohibits an increase in the maximum amount of earnings subject to the Social Security tax as well as the retirement earnings test exempt amounts. These amounts will remain unchanged in 2010. A fact sheet with more information on 2010 Social Security changes can be found on the Social Security Administrations web site.

According to Michael J. Astrue, Commissioner of Social Security said " This year, in light of the human need, we need to support President Obama's call for us to make another $250 recovery payment for 57 million Americans." The president is calling on the Senate to enact this legislation before it becomes too late for Social Security Administration to update its computer systems to implement this needed change. For a full update from the Social Security Administration go to www.socialsecurity.gov/cola.

Social Security Hires 144 Administrative Law Judges

2008-03-04T00:00:00Z

Michael J. Astrue, Commissioner of Social Security, announced that the agency has begun making offers to 144 of the 175 new Administrative Law Judges (ALJs) it will hire this fiscal year. Due to litigation and budget cuts, the agency has about 10% fewer ALJs than it did a decade ago. During that same time, the number of cases waiting for a hearing decision has more than doubled.

The new ALJs will be brought on board in phases with the first hires reporting for duty in April, when they will begin an intensive orientation and training program. While initially handling a reduced docket, newly hired ALJs should be scheduling a full docket of cases by the end of the year.

Hiring of additional ALJs is only one component of the plan the agency has put in place to reduce the backlog of disability cases. The agency also continues to make progress in many other areas including opening the National Hearing Center, completing the nationwide roll-out of the Quick Disability Determination Process, implementing compassionate allowances and eliminating aged cases. More information about Social Security's plan is available at www.socialsecurity.gov/disability under the heading What's New.

The Social Security Earning Statement - What You Need to Know

2008-01-12T00:00:00Z

Every year, approximately three months before your birthday, the Social Security Administration will send workers over the age of 25 a Social Security Statement. This Earning Statement, as it is often referred to, is an easy-to-read, personal record of the earnings on which you have paid Social Security taxes during your working years. This form also gives you an estimate of benefit payments that you and your family may qualify for now and in the future. Unfortunately, most Americans pay little attention to this green and white piece of paper, often times discarding it. If you are interested in applying for Social Security Disability benefits, this statement can help determine whether you qualify for benefits. If you did throw your statement away, don't worry! We tell you how to get a new Statement later in this article.

Many wonder if they are eligible to qualify for Social Security Disability benefits. A good rule of thumb to determine eligibility is this: if you have worked and paid Social Security taxes for five out of the last ten years, you are more than likely eligible for benefits. However, it is possible that although you worked for the past five years, you did not earn enough credits to qualify. That is why the Social Security Earning Statement is so important. Within this statement, Social Security specifically indicated whether or not you have earned enough credits to qualify. If you have earned enough credits to qualify for disability, Social Security will indicate what your monthly benefit rate will be if you are found to be disabled. If you have not earned enough credits to qualify, Social Security will tell you exactly how many credits you are short.