Social Security (SSA) Partial Victory

Posted on February 11, 2008 by Dory Sutker
UPDATE ON THE PROPOSED CHANGES — PARTIAL VICTORY

According to the National Organization of Claimants’ Representatives (NOSSCR) more than 500 comments were submitted to the Commissioner of the Social Security Administration (SSA) protesting the proposed new regulations. The restrictions on the submission of evidence received almost unanimous criticism. As a result, Commissioner Astrue suspended further action on at least two of the proposals. Specifically, he suspended further action on the "five day rule" for submitting evidence before the hearing and closing the record on appeal.

In further news on the subject, Commissioner Astrue stated that SSA will be meeting with claimants’ organizations to discuss the provisions in the proposed rules. It’s nice to know, that someone reads the letters submitted to the Commissioner and that they had real impact. This is an example of democracy at work and proves that citizens can make a difference.

Speaking of citizens making a difference...don’t forget to get out there and VOTE !
To learn more about social security issues, please click on our website at social security disability law and go to the social security tab.  To learn more about our social security disability lawyers, click on social security disability lawyers maryland, and read our attorney bios on Dory Sutker and Suja Varghese.
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Social Security Disability Abuse

Posted on December 28, 2007 by Dory Sutker
Drunks get paid, don’t they?



"I don’t understand why Social Security denied my claim for disability benefits. I can’t work. I have excruciating pain. I know someone who is just a drunk/alcoholic/druggie and he/she got benefits in less than a month." I hear variations on this theme almost daily.

My guess is that the person who got the benefits in less than a month (or whatever time-frame) has more going on than substance abuse. Under the Social Security regulations, a claimant cannot receive benefits if substance abuse is material to disability. The key factor in determining whether substance abuse is material to disability is whether SSA would find a claimant disabled if the substance abuse stopped. Thus, one cannot be disabled simply from substance abuse.


Having said that, there are cases in which substance abuse plays a role in the case. For example, a person whose drinking caused irreversible end-organ damage to his/her pancreas or liver will be able to prove disability. If one burns out enough brain cells from substance abuse, he/she may qualify for benefits. But, even in these cases, there is more than just being a substance abuser.


Sure there are some cases of claimants gaming the system. If you know someone who is receiving benefits simply because of substance abuse, then report it to SSA. You can do it anonymously.


To learn more about social security disability law issues, please see social security disability law.  To learn more about our social security lawyers, please click on social security disability lawyers maryland, and read our firm bios on Dory Sutker or Suja Varghese.

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