Blog - Social Security Law Center

New Regulations Regarding Failure to Follow Prescribed Treatment

On October 29, 2018, Social Security passed new regulations regarding a claimant’s failure to follow prescribed treatment. Social Security Ruling 18-3p went into effect on October 29 for all claims that are decided on or after that date. Essentially, the new regulation allows the agency to determine whether prescribed treatment, if followed, would be expected to restore a person’s ability to be employed, and if so, to deny benefits on that basis.

Prescribed treatment includes medication, surgery, therapy, use of durable medical equipment, or use of assistive devices. Prescribed treatment does not include lifestyle changes such as dieting, exercise or smoking cessation.

If you fail to follow prescribed treatment, you must have good case for doing so. Examples of good cause that are listed include religion, cost, an inability to understand the consequences of failing to follow prescribed treatment, when there is a disagreement between medical providers as to whether the prescribed treatment should be followed, an intense fear of surgery, prior history of major surgery for the same impairment with unsuccessful results, a high risk of loss of life or limb, or risk of addiction to opioid medication.

If the Agency determines that an individual failed to follow prescribed treatment without good cause, a denial of benefits will be issued. The most important thing to note from this change in the regulations is the importance of adherence to recommended treatment by providers.

Cooperative Disability Investigation Unit

Creator: Silver, Christin M. Office of the Inspector General

What in the world is a cooperative disability investigation unit? Well, sometimes when a person is filing for disability, or SSA is questioning whether you are still disabled, they will hire someone to check. That person will introduce themselves as an official that is investigating someone else and ask for your help. Usually, they will actually be someone with a law enforcement agency. So what happens is, they get you to invite them in or walk some distance to them, observing and video recording you all the way. They will then report what they saw to SSA. They lie to you in order to gain your trust and then use your desire to help against you. We rarely see reports that are in your favor. What they do is legal, but, some are wondering if it violates your rights. We are not sure how to defeat the strategy. Just be aware of strangers, even law enforcement, that come uninvited to your door.

Are Social Security Benefits Exempt From Collection?

The short answer is yes – maybe. If you owe someone money and they get a judgment against you in court then they will try to collect that judgement. They do that by attacking your income and resources. Yikes, you already have barely enough to get by on and now someone wants to take that. Initially, any SSA benefits are exempt from collection. The problem is that a lot of people will mix their SSA benefits with other income. This happens most often when a couple has a joint bank account. All their income is deposited in one account, including the SSA benefit. Since the benefit has been mixed with other money, it looses its protective status. The best way to make sure that your benefits remain exempt from collection is to have them deposited into an account that receives no other income. So just keep your SSA benefits separate from other income and you should be safe.

Cost of Living Adjustment

January 2019 saw a 2.8% cost of living adjustment. Whether you receive Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) benefits, your payment will increase by 2.8%. For those receiving SSI, this results in a new maximum monthly benefits of $771.00. If you did not see an increase in your benefit, contact SSA immediately.

Federal Student Loan Debt

Often individuals with disabilities will have their benefits garnished for student loan debt. However, you may be eligible to have your student loan debt forgiven.

The rules for discharging federal student loan debt pose a different standard than Social Security’s definition of disability. However, federal law states that the Department of Education will accept a claimant’s Notice of Award (NOA) for disability benefits if the notice states that the claimant’s Continuing Disability Review (CDR) will be conducted once every five to seven years. CDR is the process in which SSA reviews a disability claim to determine if a claimant continues to meet the definition of disability.

What do you need to do in order to discharge your federal student loan debt? First you will need your NOA, which must include information about when your CDR will be conducted. If you do not have a copy of your NOA, you can request it from SSA. If your NOA does not indicate how often your CDR will be conducted, then you will have to request a letter or a printout from SSA verifying your CDR scheduling. Then, you will need to go to Disabilitydischarge.com and fill out an application.

However, before you attempt to discharge your student loan debt, you will need to consider any possible tax consequences of doing so. You may not want to discharge your student loan debt, because under current law, any amount of discharged student loans will be counted as income for the year in which the discharge was granted. Although your SSDI benefits can’t be garnished for discharged student loans, SSDI benefits can be garnished for taxes on the amount of a loan that was discharged. Therefore, before you begin this process the attorneys at Social Security Law Center strongly recommend you seek out advice from a tax professional. SSI benefits cannot be garnished student loan debt.

Chances of Winning

A frequent question asked by anyone filing for disability benefits is what are my chances of winning. The answer is that it depends on your disabling condition, the quantity and quality of evidence supporting your claim, and other factors such as age. For instance, it is harder to get disability for a bad back than it is for kidney failure. Someone with a lot of medical evidence will generally win easier than someone with little evidence. And a person that is 55 years old will have a better chance than someone that is 40.

However, SSA does keep track of the overall winning and losing ratios at each stage of review. In 2015 the ratios are as follows:

	Allow	Deny	Dismiss
Application	33%	67%
Reconsideration	12%	88%
Judge Hearing	45%	37%	18%

As you can see the odds of winning are better at the hearing stage. That is why it is important to file an appeal of a denial within the 60 day timeframe.

Statistics also show that your chances of winning improved with qualified representation. Social Security Law Center has been representing people with disabilities for over 25 years. Let one of our offices help you increase your odds.

Assistive Devices

It is not uncommon to see someone with a disability using an assistive device to aide them in standing and/or walking. Assistive devises come in all shapes and sizes. Claimants regularly come into Social Security Law Center with their canes, walkers, crutches, and wheelchairs. Do you use an assistive device? If you do, the device may assist you not only with standing and/or walking, it may also assist you with your disability claim.

However, the Social Security Administration is very clear on when the assistive device will be considered. First, there must be more than a “subjective desire” to use the assistive device. In other words, you can’t just go to the store and buy one then expect the Judge to include the use of the device in your restrictions or limitations. To help your case, the assistive device must be “medically necessary” in order to be considered a restriction or limitation on your ability to work. Even if a cane is prescribed, it does not necessarily mean that the Judge will find that it is medically necessary. So what evidence do you need to prove your assistive devise is “medically necessary”?

The following documentation will assist your attorney at Social Security Law Center to help you prove “medically necessity.” First, make sure you have a prescription from your doctor for the hand held assistive device. Second, you will need statement from your doctor explaining why you need to use the assistive device. Finally, you will need a detailed description of when you need to use the assistive device. This documentation may seem overwhelming to obtain, but don’t worry the attorneys at Social Security Law Center will help you get the necessary information from your doctor.

SSA Announces There Will Be No Cost-Of-Living Adjustment (COLA) for 2016

For the third time this decade, millions of Americans will not see an annual cost-of living increase in their Social Security benefits for the year 2016. The news by SSA confirms what was already widely expected by many. In 2015, consumer prices were down. In fact, low gasoline prices helped keep inflation in check this year. Due to the decrease in consumer prices, monthly Social Security and Supplemental Security Income (SSI) benefits for nearly 65 million Americans will not automatically increase in 2016.

What is COLA? COLA is used to make sure that the purchasing power for people who receiving SSA benefits are not reduced by inflation.

Will Medicare Premiums Increase? If there is an increase in Medicare Part B premiums, the law has a “hold harmless” provision that will protect about 70% of Social Security beneficiaries from paying a higher premium. In order to determine if your Medicare Premium will increase you must contact SSA at 1(800)772-1213. SSA will be able to assist you to determine if your Medicare premium will increase.

Staying Treatment Compliant During And After Benefits are Awarded

Social Security requires an individual to follow prescribed treatment which would be expected to restore the claimant’s ability to return to work. This is true even once a claimant has been approved for benefits. Typically SSA will conduct a medical review two to seven years after a claimant has been awarded benefits. During a medical review SSA will obtain a claimant’s medical records to determine if he/she is still disabled despite following the prescribed treatment his/her doctor recommends. If a claimant has stopped going to the doctor and/or stopped complaining about his her condition(s)/symptoms it is possible that SSA will stop paying benefits to the claimant.

Therefore, the attorneys at Social Security Law Center encourage our former clients to remain in treatment and continue to document their condition(s)/symptoms after they have been approved for benefits.

“Social Security Law Center has well established and knowledgeable staff and attorneys and because of them I got approved.” -Tara H.
“I received advise from Social Security Law Center to seek treatment for my conditions. They helped me to get my disability approved fast. I thought it was going to take longer than it did. Thank you Social Security Law Center.” -Janice M.
“Before I hired Social Security Law Center I didn’t know what information SSA needed and what I needed to tell my doctors each time I visited my doctors. Social Security Law Center helped me get the medical information I needed and helped the judge understand my physical limitations. Social Security Law Center got it done.” … Continue reading “Lois M.”
“Thanks to you beautiful angels, I had no problems dealing with the Social Security Administration. Everything they did was wonderful. It would be an honor and a privilege to recommend Social Security Law Center to any people I encounter who are trying to do it alone.” -James L.
“When dealing with SSA I had to deal with long phone calls and misinformation. Social Security Law Center helped me with all the paper work, phone calls and made sure my paperwork was turned in. They are fast, friendly and reliable. They cared about my needs.” -Charles S.
“SSA was being really slow at the end of my case so a friend had been through the whole process and recommended I get a lawyer. Social Security Law Center helped stay on top of SSA for me. Social Security Law Center made the who process so easy and so painless. It was worth it … Continue reading “Danielle D.”
“It was hard to get anything from the Social Security Administration about my case. After I hired Social Security Law Center, they kept me informed about my case and could tell me what was going on at all times. They got me more benefits than I was thinking I would get. They worked with me … Continue reading “Larry W.”
“Social Security Law Center did an awesome job! Once they got my case, things did go a lot smoother and it did seem faster than doing it myself. The staff is very good to work with. Very knowledgeable and helpful. I liked working with Social Security Law Center.” -Cynthia D.
“I kept getting denied by the Social Security Administration. I hired Social Security Law Center and they helped me get the medical and deal with all the issues I had. Social Security Law Center is awesome. They always returned my calls and answered any questions I had. Thank you so much!” -Carla P.
“I came to Social Security Law Center before I filed. They did a great job. Everyone was so nice and helpful. They explained everything from start to finish that I should expect.” -Fred S.
“The attorneys at Social Security Law Center are prompt, courteous, and knowledgeable.” -Charles B.
“I got denied and everyone told me to get an attorney. Social Security Law Center stood beside me all the way and encouraged me every step. They are dependable, friendly, and stand up for you.” -Tonya R.
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“When I tried to deal with SSA on my own, they would not answer questions or give me any help. Then I hired Social Security Law Center, they helped with everything from filing to appealing after every denial. They were always there if I needed anything.” -Danny P.
“Social Security would not answer my questions or return my calls. I hired Social Security Law Center and they helped with the forms competition, returned my calls, and answered my questions. They helped me a lot and got me approved quickly.” -Brenda L.
“When dealing with the Social Security Administration I kept getting turned down and was stressed out. If I didn’t hire Social Security Law Center, I would probably still be fighting to get my benefits. Social Security Law Center got on the ball. They were always respectful.” -Gloria A.
“The Social Security Administration was not hearing me, so I hired Social Security Law Center to handle my case. They helped me with everything, every step of the process and explained everything in detail. They encouraged me when I needed it. Thank you so much for everything!” -Lavinia P.
“I was denied each time I tried to do the paperwork by myself. Social Security Law Center came right in and got me the help I needed. They helped with all issues that I couldn’t accomplish by myself. Social Security Law Center works for the client.” -Patrina B.
“After I received two denials from SSA, I hired Social Security Law Center. After I hired Social Security Law Center, I didn’t have to deal with SSA any longer. Their office did all the work for me. They were very kind and concerned about me as a client. Because of Social Security Law Center, I … Continue reading “Walter M.”
“My SSA application was denied. I had done some things wrong. The attorneys at Social Security Law center helped me correct my mistakes. They were also more successful at obtaining my medical records than I was. The attorney was always available. The office staff was extremely helpful.” -Tamara W.
“I filed my son’s application on my own and it was really hard and stressful. At my initial appointment with Social Security Law Center, I got to meet with an attorney. They helped me get heard and were dedicated to fight for us and our rights.” -Toni A.
“The lawyers at Social Security Law Center explained exactly what I needed to do to receive my social security benefits. They explain things so anyone can understand. They get the job done and won my case the first time.” -Chestena C.
“The Social Security Administration was very confusing. Social Security Law Center handled it all. They kept me from having to deal with SSA. I will refer anyone to Social Security Law Center because I believe they are the best.” -Jeanne W.
“I had another attorney that was not working for me and I kept getting denied. Then I hired Social Security Law Center. They helped me with all my appeals and answered all my questions. They listen and tell you like it is. They will go all the way to help a client. I thank you!” … Continue reading “Lynda B.”
“I called two other law offices that help with disability law and was told I don’t qualify. Then I contacted Social Security Law Center, and they took my case. They told me what to do, I did it, and I got approved in a timely manner.” – Jackie H.
“Social Security Law Center gave me advice on the importance of medical records and follow up with my physicians. They are very professional.” -Melinda E.
“Social Security Law Center helped fill out all forms and submitted them to SSA. They gave me clear directives on what I needed to do. Following their directives, my case was settled to my satisfaction. Social Security Law Center gets the job done right. You don’t have to worry about anything because they take care … Continue reading “Thea P.”
“I knew I needed a lawyer before I filed. I was referred to Social Security Law Center by a friend. They helped make sure all the forms were completed correctly and my questions were answered. Social Security Law Center is the best.” -Cynthia F.
“Rather than dealing with SSA, I went straight to Social Security Law Center. They helped me with all of the paperwork. I would refer Social Security Law Center.” – Billy R.