Disability Attorney » Disability

Social Security Announces New Compassionate Allowances Conditions

admin — Thu, 14 Jul 2011 16:51:22 +0000

Michael J. Astrue, Commissioner of Social Security, today announced 12 additional Compassionate Allowances conditions involving severe heart diseases, bringing the total number of conditions in the expedited disability process to 100. Compassionate Allowances are a way to quickly identify diseases and other medical conditions that, by definition, meet Social Security’s standards for disability benefits. These conditions primarily include certain cancers, adult brain disorders, and a number of rare disorders that affect children. According to Social Security, the idea is to fast track those cases for quick processing.

The Commissioner announced in October 2008 the first list of 50 conditions which I reported here. In February 2012, the list was expanded with 38 additional conditions, which are reported here.

The 12 new heart conditions that qualify for Compassionate Allowances are:

Aortic Atresia

Left Ventricular Assist Device (LVAD) Recipient

Eisenmenger Syndrome

Mitral Valve Atresia

Endomyocardial Fibrosis

Primary Cardiac Amyloidosis

Heart Transplant Graft Failure

Pulmonary Atresia

Heart Transplant Wait List – 1A/1B

Single Ventricle

Hypoplastic Left Heart Syndrome

Tricuspid Atresia

If you suffer from any of the 100 conditions, when you apply, or if your case is currently being reviewed, you should point out your condition and that it is on the list of Compassionate Allowances Conditions.

Processing Time at Indianapolis ODAR Falls Again!

admin — Mon, 07 Mar 2011 21:50:43 +0000

Processing time at the Indianapolis Office of Disability Adjudication and Review has fallen again. As reported elsewhere on this site, in November 2009, the number of days from the filing of a Request for Hearing until the case was completed at the hearing site averaged 579 days. In April of 2009, it was 738 days and in June of 2008 it was 896 days. As of March 26, 2010, the number of days from the Request for Hearing for average processing at the Indianapolis ODAR was 534 days. As of February 1, 2011, average processing time had fallen to 505 days. Progress continues to be made!

In Fort Wayne, as of February 1, 2011, average processing time had fallen to 411 days. Evansville is at 318 days, and the recently opened Valparaiso office is at 285 days.

Indianapolis Social Security Disability Cases Appeal Processing Time Continues to Fall!

admin — Mon, 22 Feb 2010 18:56:15 +0000

The processing time for appeals that go to hearing in Indianapolis continues to fall. At the end of November 2009, the average processing time from the Request for Hearing was 579 days. In June of 2008 it was 896 days and in April 2009 it was 738 days. As I noted in my June 12, 2009 post, a new hearing office is supposed to be up and running in Valparaiso, IN in September 2010. I would expect that once that office is open, SSA will reconfigure service areas of the different hearing offices so that all of the Indiana hearing offices will have shorter waiting times.

Substantial Gainful Activity Amount For 2010 SSA Disability

admin — Mon, 26 Oct 2009 17:40:03 +0000

At Step One of the Five Step Sequential Analysis , Social Security determines if you are engaged in Substantial Gainful Activity (SGA). When you work for someone else and are not self-employed, SSA usually uses a “rule of thumb” to determine if someone is engaged in SGA. According to this “rule of thumb” if you earn a certain dollar amount or less, you are usually not considered to be engaged in Substantial Gainful Activity. In 2010, for non-blind individuals, the amount is $1,000 per month. Currently, the amount is $980 per month. For blind individuals, the 2010 amount is $1,600 per month, which is the same amount used in 2009. I previously posted the amounts back to the year 2000, which you can see by clicking here.

SGA – Substantial Gainful Activity- Presumptive Amounts

admin — Wed, 16 Jul 2008 00:20:14 +0000

At Step One of the Five Step Sequential Analysis , Social Security determines if you are engaged in Substantial Gainful Activity (SGA). When you work for someone else and are not self-employed, SSA usually uses a “rule of thumb” to determine if someone is engaged in SGA. According to this “rule of thumb” if you earn a certain dollar amount or less, you are usually not considered to be engaged in Substantial Gainful Activity. In 2008, for non-blind individuals, the amount is $940. For blind individuals, the 2008 amount is $1,570. Here are the monthly amounts for the last several years:

Year Non-Blind Blind

2000 $700 $1,170

2001 $740 $1,240

2002 $780 $1,300

2003 $800 $1,330

2004 $810 $1,350

2005 $830 $1,380

2006 $860 $1,450

2007 $900 $1,500

2008 $940 $1,570

If you are self employed, the rules are much more complicated. These will be covered in a latter post.

If you are disabled and you have certain Impairment Related Work Expenses that cause you to be able to work, you may be able to reduce the amount you earn each month by Impairment Related Work Expenses. In order for the expense to be an Impairment Related Work Expense (IRWE), the expense must not be reimbursed, and must be related to your disability(ies) and needed in order for you to work.You may deduct your out-of-pocket expenses for items such as medicine, medical supplies, medical devices, service animals, and disposable items such as bandages and syringes when figuring the amount of your earned income.

You may also be able to deduct your out-of-pocket expenses for medical services such as doctors visits and some attendant care services charged for preparing you for work, attending to you while you are at work, or getting you to and from work. You may also deduct certain out-of-pocket expenses for transportation and modifications to your home, car, or van to allow you to work.

There are other rules governing Substantial Gainful Activity that will be covered in latter posts. As with all things regarding Social Security Disability, you need to know all the facts and all of the rules before you can decide if you are engaged in Substantial Gainful Activity.