What are Social Security acquiescence rulings?
What are Social Security acquiescence rulings?
Recently a bankruptcy attorney working at the Nicholson Law Center mentioned that she had been searching the internet for information about Social Security and had found an “acquiescence ruling.” Although the term “acquiesence ruling” is unfamiliar to many (if not most) Social Security recipients, they can sometimes have a significant impact on the process of applying for (and being approved or denied for) Social Security benefits. The following hypothetical example illustrates what an acquiescence ruling is, and the effect that a ruling could have on the policies and procedures of the Social Security Administration.
Imagine that Augustus “Gus” Hand is 45 years old and has worked continuously for the last 10 years at an auto parts factory near Dayton, Ohio. Gus has multiple sclerosis, and until recently, he had managed his condition and remained able to work as the result of certain therapies prescribed by his doctors. Over the last several months, Gus’s condition has grown worse and forced him to stop working.
Because Gus cannot return to his factory job, and because he is now physically unable to take any other gainful employment, Gus decides to apply for Social Security Disability Insurance (“SSDI”) benefits. In order to qualify for SSDI benefits, Gus must establish: (1) that he has been employed for at least five of the last ten years; (2) that he has paid FICA (“Federal Insurance Contributions Act”) taxes; and (3) that he is “disabled” as the Social Security Administration defines it. According to the applicable definition, Gus would be disabled if he is unable do the work that he used to do; if he is unable to adjust to other work as the result of his medical condition; and if his medical condition has lasted for a minimum of one year (or is expected to last for a minimum of one year).
Based on the Social Security Administration’s guidelines, Gus qualifies for SSDI because: (1) he was employed for all 10 of the last 10 years; (2) he was a full-time, regular employee, meaning that FICA taxes were automatically deducted from every paycheck he received; and (3) his medical condition qualifies as a disability under the rules of the Social Security Administration. Gus submits his application for SSDI benefits. He researched eligibility for SSDI before completing the application, so he fully expects that he will be approved to receive benefits.
Much to Gus’s surprise, however, his application is denied. Gus has the right to appeal the denial, however. Gus hires an attorney who focuses on Social Security law to represent him throughout the appeal process.
In Ohio, the first step in the SSDI appeal process is a review by the Bureau of Disability Determinations (“BDD”). BDD analyzes the medical documentation that Gus provided with his application and, in this case, instructs Gus to have an independent physical examination. In Gus’s case, BDD decides that the initial denial was correct. Gus decides to proceed with the next step, the “Reconsideration”.
In the second step, Gus and his attorney appear at a hearing before an administrative law judge. The administrative law judge is an employee of the Social Security Administration with detailed knowledge of the applicable laws and regulations. Gus’s attorney argues his case before the judge, explaining that Gus is entitled to receive SSDI benefits under the official guidelines. A representative of the Social Security Administration also appears at the hearing to argue in favor of BDD’s decision. As happens in many cases, the administrative law judge upholds the determination of BDD and denies Gus’s claim for benefits. Gus refuses to give up, however, and continues his appeal to the next step.
In the third step, Gus’s attorney submits a legal brief on Gus’s behalf to the Social Security Appeal Council. Likewise, the Social Security Administration submits a brief in support of the administrative law judge’s decision. The Appeal Council reviews the briefs submitted by both sides and issues an opinion upholding the administrative law judge’s decision.
At this point, Gus can accept the Appeal Council’s decision, or he can appeal to the U.S. District Court for the Southern District of Ohio, which is the federal trial court responsible for hearing cases in the part of Ohio where Gus lives. Gus decides to take his case to court.
In the U.S. District Court, Gus’s attorney argues Gus’s case to a federal judge. The attorney explains that the Social Security Administration’s own rules, along with applicable federal laws and regulations, indicate that Gus is entitled to SSDI benefits. A lawyer for the Social Security Administration also presents his case to the judge, arguing that the Appeal Council reached the correct decision. The federal judge rules in favor of the Social Security Administration, so Gus appeals his case to the U.S. Court of Appeals for the Sixth Circuit, which is the federal appeals court responsible for reviewing the decisions of a group of federal courts that includes the U.S. District Court for the Southern District of Ohio.
The proceedings in the Sixth Circuit Court of Appeals are similar to those in the District Court, except that a panel of three judges hears the arguments and issues a decision. Finally, Gus prevails, and the Sixth Circuit issues a decision stating that Gus is entitled to receive SSDI benefits. In its decision, the Sixth Circuit also makes a modification to one of the guidelines applicable to BDD’s evaluation of claims for SSDI benefits.
As the result of the outcome of Gus’s case before the Sixth Circuit Court of Appeals, the Social Security Administration sends instructions to BDD that explain what BDD must do in order to comply with the Sixth Circuit’s decision. Basically, these instructions are an “acquiescence ruling.”
Of course, very few SSDI appeals last as long as the example. Most applications for SSDI benefits are denied, and BDD only rarely overturns an initial denial. As a result, many appeals reach an administrative law judge. If your application for SSDI benefits has been denied and you want to exercise your legal right to appeal that denial, then talk with an attorney, like John T. Nicholson, who practices Social Security law.
Posted in Social Security SSD/SSI
Tagged acquiescence rulings, disability rules, social security rules
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Can I keep my Social Security SSDI / SSI while serving jail time?
Can I receive Social Security benefits while serving a prison sentence?
A question that Social Security attorneys encounter from time to time is whether someone can receive Social Security benefits while serving a sentence in prison. The answer depends on the circumstances.
Social Security benefits generally come in two forms: Social Security disability benefits, and Social Security retirement benefits. Those who have recently been employed and paid Social Security taxes, and who are unable to work because of a serious medical condition that will last for at least one year, are potentially eligible to receive Social Security disability benefits. Those who have reached at least age 62, and who have worked for 10 years and paid Social Security taxes, are potentially eligible to receive Social Security retirement benefits.
Supplemental Security Income (“SSI”) is a related, but technically separate, program administered by the Social Security Administration. Those who have reached at least age 65, or who are blind or disabled, and whose income and resources are below certain limits, are potentially eligible to receive SSI benefits.
For those receiving Social Security or SSI benefits, their benefits will probably not be affected if they are admitted to prison for a continuous period of fewer than 30 days because of a conviction for a criminal offense. On the other hand, for those admitted to prison for a continuous period of more than 30 days, their benefits will likely be suspended. Benefits to spouses and children, however, will probably not be suspended, so long as they remain eligible under the Social Security Administration’s rules.
Those whose Social Security benefits are suspended during a prison sentence of more than 30 days can have their benefits reinstated beginning one month after the month in which they are released. For example, if Paul Prisoner served a six-month sentence in the Dayton Correctional Institution and were released on June 5, 2011, then his benefits could be reinstated beginning in July, 2011.
Those whose SSI benefits are suspended during a prison sentence of more than 30 days can have their benefits reinstated beginning in the same month that they are released. They will lose their eligibility, however, if their sentence lasts for 12 or more consecutive months; when they are released, they must submit a new application for SSI benefits. For example, if Ivan Inmate served a six-month sentence in the Dayton Correctional Institution and were released on June 5, 2011, then his benefits could be reinstated during the same month. He would receive partial benefits for June, 2011, and full benefits beginning in July, 2011. If Ivan served a sentence of 15 months, on the other hand, then he would have to submit a new application for benefits upon his release.
For those who were not receiving either Social Security or SSI benefits before they were admitted to prison, their eligibility following release is unaffected. In other words, when they were released from prison, they would apply for benefits like anyone else. If you have questions about how serving a prison sentence might affect your ability to receive Social Security or SSI benefits, then talk to a lawyer who is familiar with Social Security law. You might even be able to start the process of reinstating your benefits, or applying for benefits, before you are released.
Does my income affect my child’s ability to qualify for Social Security Benefits?
How much income can parents have before their children no longer qualify for Supplemental Security Income benefits?
Disabled children can qualify for benefits under the Supplemental Security Income (“SSI”) program, which is administered by the Social Security Administration, depending: (1) on the nature of their disabilities; (2) on how much income they have (if any); and (3) on their available resources. Children’s “available resources” include the income (and assets) of their parents and guardians. Therefore, many parents and guardians of disabled children wonder how much income they can have before their children no longer qualify for SSI benefits.
The Social Security Administration (“SSA”) defines a child as someone who is not married; is not head of a household; and is under age 18, or is under age 22 and regularly attending school. This discussion only applies to SSI benefits for disabled children, as the SSA defines the terms “disabled” and “children.”
1. Nature of disability. According to the definition established by the applicable laws and regulations, a child is “disabled” if the child “has a medically determinable physical or mental impairment, which results in marked and severe functional limitations, and which can be expected to result in death or which has lasted or can be expected to last for a continuous period of not less than 12 months.” In other words, a child is disabled for purposes of SSI benefits if the child has a very serious medical condition that will last (or has lasted) for at least one year. For example, a child who suffers from cystic fibrosis could qualify for SSI benefits. A child with a minor broken leg, but who did not otherwise have a serious medical condition, would probably not qualify.
2. Child’s income (if any). In terms of a child’s income, a child may not earn more than $1,000.00 per month from employment and still qualify to receive SSI benefits (in 2011; the limit on a child’s total monthly income changes every year). On the other hand, a child who is unemployed, or who is employed but earns less than $1,000.00 per month (in 2011), would meet the income limit.
3. Income and resources (i.e. assets) of parents or guardians. The determination of a child’s eligibility to receive SSI benefits also takes into account
Income, in this context, comes in two varieties: “earned income” and “unearned income.” Earned income consists of “wages from employment, net earnings from self-employment, certain royalties and honoraria, and sheltered workshop payments.” Unearned income consists of money received from other sources, “such as Social Security benefits, pensions, state disability payments, unemployment benefits, interest income, and cash from friends and relatives.” Some income is exempt and does not count toward the applicable limits. The following chart illustrates the income limits currently applicable in many (but not all) circumstances.
|
Number of Ineligible Children in Household |
All Income is Earned |
All Income is Unearned |
||
|
One Parent in Household |
Two Parents in Household |
One Parent in Household |
Two Parents in Household |
|
|
0 |
$2,821 |
$3,495 |
$1,388 |
$1,725 |
|
1 |
$3,158 |
$3,832 |
$1,725 |
$2,062 |
|
2 |
$3,495 |
$4,169 |
$2,062 |
$2,399 |
|
3 |
$3,832 |
$4,506 |
$2,399 |
$2,736 |
|
4 |
$4,169 |
$4,843 |
$2,736 |
$3,073 |
|
5 |
$4,506 |
$5,180 |
$3,073 |
$3,410 |
|
6 |
$4,843 |
%5,517 |
$3,410 |
$3,747 |
By “resources,” the SSA essentially means property. For instance, resources include bank accounts, cash, life insurance, real estate, stocks, U.S. savings bonds, vehicles and other property belonging to a child’s parents or guardians that could be exchanged for cash and used for food or shelter. Some resources, such as a home, household goods and personal effects, and money in pension funds, are exempt and do not count toward the applicable limits. Currently, the applicable resource limit (for non-exempt resources) is $2,000 for a single parent or guardian, and $3,000.00 for a couple.
To summarize: A disabled child’s eligibility for SSI benefits depends upon the nature of the child’s disability, the amount of income that the child earns (if any), and the income and resources available to the child—including resources available through parents and guardians. Regarding the resources of parents and guardians, the limits vary from case to case depending on the circumstances. The income limits listed in the foregoing chart, and the resource limits discussed above, might or might not apply in a specific situation because of the many rules and regulations, as well as exemptions, that govern SSI eligibility for disabled children. If you are the parent or guardian of a disabled child and would like to learn more about SSI eligibility, then talk with a lawyer with experience dealing with Social Security issues.
My child has autism, can she draw social security disabled child benefits?
Can a child with autism receive Social Security disability benefits?
The parents of an autistic child recently asked me whether their child could be eligible to receive Social Security disability benefits. Generally, autism qualifies as a disability for Social Security purposes. Whether a specific child qualifies, however, depends upon the severity of the child’s condition.
The Social Security Administration’s definition of the term “disability,” for children under age 18, is “a medically determinable physical or mental impairment or combination of impairments that causes marked and severe functional limitations, and that can be expected to cause death or that has lasted or can be expected to last for a continuous period of not less than 12 months.” Autism, or “Autistic Disorder” as it is called by the Social Security Administration (“SSA”), appears on the SSA’s Listing of Impairments. As the SSA puts it, the Listing of Impairments “describes, for each major body system, impairments considered severe enough” to satisfy the SSA’s definition of the term “disability.”
Listing 112.10 is “Autistic Disorder and Other Pervasive Developmental Disorders,” which are described as “[c]haracterized by qualitative deficits in the development of reciprocal social interaction, in the development of verbal and nonverbal communication skills, and in imaginative activity.” According to this entry in the Listing of Impairments, the “required level of severity” for an autistic child to qualify for disability benefits is met when the child exhibits: (a) qualitative deficits in the development of reciprocal social interaction; (b) qualitative deficits in verbal and nonverbal communication and in imaginative activity; (c) a markedly restricted repertoire of activities and interests; and (d) for “older infants and toddlers (age 1 to attainment of age 3), resulting in at least one of the appropriate age-group criteria in paragraph B1” of Listing 112.02; “or, for children (age 3 to attainment of age 18), resulting in at least two of the appropriate age-group criteria in paragraph B2 of” Listing 112.02.
The SSA applies a five-step disability analysis to make the determination of whether someone is officially disabled. Although autism appears on the Listing of Impairments, the SSA will still require that documentation be submitted as part of an application for disability benefits. Additionally, the SSA may require that an applicant receive an independent medical examination.
Parents of autistic children can encounter problems applying for Social Security disability benefits on behalf of their children, even though autism appears on the Listing of Impairments. In some cases, the SSA denies such applications. If you are the parent or guardian of an autistic child and have questions, or if the SSA has denied an application for benefits on behalf of your child, then you should talk with an attorney who focuses on Social Security disability issues. Contact the Law Offices of John T. Nicholson today to schedule free consultation.
How much money do Social Security SSDI / SSI Lawyers charge?
How can I afford to pay a social security disability lawyer?
If your claim for Social Security disability benefits has been denied and you want to appeal, then you might be thinking of hiring a lawyer. Although preparing, filing, documenting and appealing a claim for Social Security disability benefits can be expensive and time-consuming, the good news is that you might not have to pay anything unless your lawyer recovers benefits for you.
Many disability lawyers, such as John T. Nicholson, work on contingency. For example, suppose that a disability attorney with offices in Cincinnati, Columbus, Dayton and Springfield, Ohio takes on a new client whose initial application for Social Security benefits was denied by the Social Security Administration (“SSA”). The client has very little money, so the attorney agrees to work on contingency. This means that the attorney charges no up-front payment and no monthly or installment payments. Instead, the attoney’s fee will be paid from whatever benefits she recovers for her client. If the attorney does not recover any benefits for her client, then her client owes her nothing (the attorney’s client might have to pay for expenses along the way, such as photocopying of records).
Furthermore, the SSA has established strict rules about how, and how much, disability lawyers may be paid—even if they are working on contingency. For any contingency fee agreement made after June 22, 2009, a disability lawyer may only be paid 25% of past-due benefits or $6,000.00, whichever is less.
Suppose that Attorney’s new client had filed an application for Social Security disability benefits. The SSA denied the application, so the client hired Attorney to handle the appeal. If Attorney wins the appeal, then her client will receive disability benefits not only from that point onward, but also retroactively from the date on which the SSA determines that Attorney’s client officially became disabled. In other words, a successful appeal means that the client would receive future disability benefits and past-due disability benefits. Because Attorney represented his client on contingency, under the SSA’s rules she would receive 25% of the past-due benefits she won for her client, up to a maximum of $6,000.00.
The appeal described in the example would be heard by the SSA itself, not in a regular court of law (an example of a court of law is the Montgomery County Common Pleas Court, or the Dayton Municipal Court). Different rules apply to attorney’s fees in other kinds of cases. For instance, cases in state or federal courts of law are not subject to the same rules. Also, some cases involving overpayments (i.e. the SSA mistakenly pays more benefits than it owes to someone) are not subject to the 25% or $6,000.00 limit.
This discussion of attorney’s fees in Social Security disability cases is a simplified example. The SSA has established detailed rules that include exceptions which might apply in your case. In addition, not all disability lawyers work on contingency. If you want to appeal a denial of an application for Social Security disability benefits, or if you simply have questions about Social Security, then you should speak with a lawyer who focuses on Social Security law by filling out our free consultation form.
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