Beginning May 9, 2011 the Social Security Administration is no longer suspending or denying benefits or payments based solely on a probation or parole violation warrant. The change comes as current pending litigation had certified those who were denied or suspended benefits as a result of this policy were deemed to be a part of a "class action" lawsuit against the administration.
This policy change applies to all cases at any stage of the administrative appeals process. Thus if you are awaiting a hearing on this issue it is possible that you could ask for an "on the record" hearing (meaning that you would not actually have to go to court) and attach the SSA new policy change.
Unfortunately, SSA will not take any action to remedy prior suspensions or denials based upon the previous policy.
Wednesday, June 29, 2011
Thursday, June 9, 2011
Change in SSA policy - is diabetes disabling?
Effective June 7, 2011 the Social Security Administration (SSA) significantly changed its policy on how it views diabetes mellitus as a disabling condition. SSA provides criteria for multiple conditions and what must be present for certain conditions to be disabling. These definitions are referred to as "listings". Major disorders are grouped into large "listings" then subcategorized. For example skeletal listings are listed in 1.00 and back problems such as degenerative disc disease would be subcategorized as listing 1.04.
Diabetes mellitus previously existed under the Endocrine Disorders listing at 9.00 as listing 9.08. SSA has now completely deleted diabetes mellitus as a listing level disabling condition. SSA justifies its change in policy stating that diabetes mellitus medical treatment has advanced significantly to the point where diabetes is detected as such an early age as to prevent long term disabling effects.
Current beneficiaries benefits will not be terminated.
While this is a blow to those who suffer the terrible effects of diabetes, there is still hope for being approved for disability benefits. While diabetes itself is not a listing requirement, the limiting physical effects of diabetes could reduce a persons ability to work to the point that they would be unemployable. Persons claiming diabetes as a disabling condition for social security benefits should contact an experienced attorney.
You can read the law change at 20 C.F.R. 404.1594(c)(3)(i) and 416.994(b)(2)(iv)(A). You can also read more at our website www.burtonandmckinnish.com
Diabetes mellitus previously existed under the Endocrine Disorders listing at 9.00 as listing 9.08. SSA has now completely deleted diabetes mellitus as a listing level disabling condition. SSA justifies its change in policy stating that diabetes mellitus medical treatment has advanced significantly to the point where diabetes is detected as such an early age as to prevent long term disabling effects.
Current beneficiaries benefits will not be terminated.
While this is a blow to those who suffer the terrible effects of diabetes, there is still hope for being approved for disability benefits. While diabetes itself is not a listing requirement, the limiting physical effects of diabetes could reduce a persons ability to work to the point that they would be unemployable. Persons claiming diabetes as a disabling condition for social security benefits should contact an experienced attorney.
You can read the law change at 20 C.F.R. 404.1594(c)(3)(i) and 416.994(b)(2)(iv)(A). You can also read more at our website www.burtonandmckinnish.com
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