Social Security - Recognize Common Law Marriages?

Posted on December 8, 2008 by Dory Sutker

  Once in a while I am asked whether the Social Security Administration recognizes common law marriages. The answer is that Social Security follows the laws of the state where the worker was residing at the time of death or the place where the worker is residing when the spouse applies for benefits. In order for a common law marriage to be valid, it must have been contracted in a state such marriages are recognized as valid. Many states, including Maryland and Virginia, do not honor common-law marriages, so you should check local laws. However, most states (even Maryland and Virginia) will generally recognize a common-law marriage validly entered into in another state. It is important to check the laws of the appropriate state.


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Social Security Vs Veterans Benefits

Posted on May 29, 2008 by Dory Sutker

Expediting Veteran's Disability Claims
Recognizing their service to the country, the social security administration has instituted procedures for expediting claims of disabled military personnel. The benefits available from Social Security are different from those from the Department of Veterans Affairs and require a separate application.

The expedited process is used for military personnel who become disabled while on active duty on or after October 1, 2001, regardless of where the disability occurs.

Persons may apply for disability benefits at any time while in military status or after discharge, whether they are still hospitalized, in a rehabilitation program, or undergoing out-patient treatment. Active duty status and receipt of military pay does not necessarily prevent payment of disability benefits.

If you believe you qualify, you should apply as soon as possible. You may apply online at VA_BENEFITS , in person at your local office, or by telephoning 1-800-772-1213. If you are hard of hearing or deaf, the TTY number is 1-800-325-0778.

For further information please see the SSA Website.

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Social Security Administration Law Judges

Posted on March 6, 2008 by Dory Sutker

On February 28, 2008, the Commissioner of Social Security (SSA) announced that the agency began making offers to fill 144 Administrative Law Judge (ALJ) positions. (SSA intends to hire a total of 175 ALJs this fiscal year.) This action is possible thanks to an increase in SSA’s budget. The hope is that the additional ALJs will aid in reducing the backlog of cases.

The plan calls for the first hires to report for duty in April. After completing an orientation and training program, the new ALJs will handle a reduced docket. By the end of the year, the expectation is that the new ALJs will be up to speed and capable of handling a full docket of cases.

I certainly applaud the hiring of additional ALJs and hope that this action will, indeed, reduce the backlog. But, I am somewhat skeptical. While I am just a mere observer of various hearing offices, it seems that a large part of the problem lies with the lack of administrative staff. Most offices are woefully understaffed. Although it is clear that you need judges to hear the cases, you also need staff to schedule the hearings, arrange for vocational and/or medical experts, "work up" the cases and get them ready for hearing, notify the parties involved, draft decisions (not all judges write their own), etc. Absent administrative support, the cases still won’t be heard in an expeditious fashion.

Despite my doubts, I salute SSA for taking a step in the right direction. Let’s hope the agency can stay on track.

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