Social Security Cards: An introduction

A Social Security Card can be issued to anyone who is:

A) A U.S.Citizen
B) An alien lawfully admitted to the U.S. for permanent residence or under other authority
C) An alien who is legally in the U.S.  but not under authority to engage in employment (i.e. non work purposes)

A non-work purpose can arise where the need for a SSN to satisfy a federal  or state statute or regulation that requires a SSN to be eligible for a federal or state benefit.

An applicant for a Social Security card must submit documentary evidence. An in-person interview is required of any applicant 12 years or older applying for an original SS card. There is an exception for an alien who requests a SS card for immigration purposes. 

You can actually get a new Social Security Number in certain situations. If you have deep felt religious beliefs and the numbers in your SSN are in conflict or are offensive (i.e. 666) then your number can be changed. Also, victims of domestic abuse where harassment/abuse or life endangerment is alleged can get a new SSN. There is a requirement that written affirmation is obtained from a third party (police, abuse shelter, etc) to confirm the domestic abuse. 

The Agency can now charge for replacement of lost or stolen Social Security Cards. Don't leave your Social Security Card in your glove box. Keep it somewhere safe and out of sight.

A Brief history of Social Security

The Social Security Act was signed into law by President Franklin Roosevelt on August 14, 1935. The Acts purpose is to provide for the well being of individuals and families in numerous ways in times of need. Disability insurance was not added until 1957.  Dependent and survivors benefits have also been added and expanded over the years. 

Social Security is available to retirees, disabled individuals, widows,  dependent children, and dependent parents. The social insurance program is financed through payroll taxes.  Generally speaking, the more a person has payed in, the more that person and their dependents (or survivors) will receive. 

The Act also provides for Supplemental Security Income (SSI) which is a needs based federal welfare system which is not funded by payroll tax. As such, a work history is not necessary to receive SSI. SSI was enacted in 1974 due to the failure of some states to adequately provide a welfare system. Since SSI benefits are need based, an individual must meet category requirements (i.e. disabled, over 65, etc) AND be financially eligible. For example a person suffering from the most horrific of terminal disease may not qualify for SSI if they exceed the financial limits set by the SSI provisions.  It is also noteworthy that no payment to survivors or dependents exists under SSI. 

Social Security was a sub agency under the Health and Human Services (HHS) agency until March 31, 1995. Since 1995 Social Security has been an independent government agency. The agency is governed by a Commissioner who serves a six (6) year term. The Commissioner is appointed by the President and confirmed by Senate. 

The Social Security Administration's headquarters is in Baltimore, Maryland. The United States is divided into ten (10) regions each of which has a Regional Office and a Regional Commissioner. There are multiple Social Security field offices and hearing offices around the country. The Social Security Administration is the largest administrative agency in the world!

Hope you enjoyed the history lesson :)

Childhood Disability

CHILDHOOD DISABILITY

The requirements for childhood disability claims are different from that of an adult and have been the subject of relatively recent Supreme Court action. As any practitioner will tell you – winning a child disability claim is not easy. This struggle for benefits is based largely in part to the strict definitional requirements for childhood disability.

Where an adult will be evaluated under a 5 step sequential evaluation process, a child will only go through 3 steps.

1.    Is the child working at a gainful level? (If yes, the claim is denied at the first step)

2.    Does the child have a severe impairment? (If no, the claim is denied at step two)

3.    Does the child equal or meet the functional limitations of a listed impairment?

It is often at the 3rd step where the difficulty begins. After all, how do you determine a child’s “functional limitations”??

In determining a child’s functional limitations, SSA will look at the child “as a whole” under 6 domains. These domains are:

1.    Acquiring and using information

2.    Attending and completing class

3.    Interacting and relating with others

4.    Moving about and manipulating objects

5.    Caring for oneself

6.    Health and physical well being

A child must be found to be at least markedly impaired in two of the six domains to be considered disabled.  What is markedly limited? SSA defines that as “less than extreme but more than moderate”.  See how clear that is? There will be more blogs in the near future on childhood disability claims. Stay tuned!

Burton McKinnish: Social Security Disability

SSA Lingo

When I first became a cop I had a terrible time memorizing the “10” codes (10-4, 10-6, 10-32, etc,etc). But pretty soon I had 90% of em down pat. To this day I bet I could still get 50% right.  Then I started my job with the Social Security Administration. On my first day I was bombarded with initials and lingo that I had no clue about. What’s worse is that one sentence could contain several words in lingo!! But alas, just like being a cop I had 90% of em down pat within a few weeks. As a claimant for social security benefits, knowing the lingo will help you better understand SSA staff when discussing your claim. If you are an attorney, you better KNOW these following terms or face looking like a fool in front of your client when the Judge asks you a question using the SSA lingo. Heres the basics...

Lingo	Translation	Meaning
AOD	Alleged Onset Date	The date you are claiming you became disabled
CDR	Continuing Disability Review	A follow up determination to see if you have remained disabled
DAC	Disabled Adult Child	A person who is now an adult but became disabled while a child
DEQY	Detailed Earnings Query	List of your income and places you worked
DIB	Disability Insurance Benefits	Social Security’s Insurance benefits for the disabled
DLI	Date last insured	The last time you are eligible for insurance benefits
DOT	Dictionary of Occupational TItles	A book of Job descriptions
DSM-IV	Diagnostic and Statistical Manual - 4th edition	The mental health “go to” book.
PIA	Primary Insurance Amount	How much $$ you get if disabled
POMS	Program Operational Manual	SSA’s instruction book
QC	Quarter of Coverage	Earn 4 per year working at a gainful level
RFC	Residual Function Capacity	What you can do despite your disability
SGA	Substantial Gainful Activity	Sufficient work
SSA	Social Security Administration
SSI	Supplemental Security Income	Insurance for those who do not have sufficient quarters of coverage
SSR	Social Security Rulings	Policy on SSA decisions
TWP	Trial Work Period	An attempt to work after being disabled

These are the most used ones but there are several others. Remember the “meanings” section is just my own layman’s definitions. A true SSA scholar would have a conniption with some of my definitions but these should give you a working knowledge of the system. 

SSA HEARINGS - WHAT TO EXPECT

During my initial interviews I have to explain to my potential clients that most cases will end up in front of a Judge. I often sense an immediate apprehension when I use the word “Judge” or “Courtroom”.  Most people only know about Court from what they see on Law & Order. However, Social Security hearings are about the furthest thing from what is seen on Law & Order that you can imagine. But there are a few similarities that you will need to be familiar with. 

Social Security hearings are not adversarial. This means that Social Security will not have an attorney present to cross examine you. In many cases it will be just you, your representative, the Judge, and a court reporter. The Judge is neutral and while he is a part of the Social Security Administration he is not bound by any prior agency determinations on pending claim. Most hearings have the feel that you are just having a conversation with the Judge. 

Strict rules of evidence rarely apply in Social Security hearings. Hearsay is allowed and documents are do not require a foundation as you typically see in civil and criminal court. But, like we see in Law & Order, all witness must be sworn under oath with penalty of perjury.  You will be asked to raise your right hand when you swear under oath but don’t make a big deal if you raise your left one – ive seen it happen a hundred times.

When the Judge asks you a question you should answer the question. Do not tell your life story. The Judge most likely has another hearing scheduled within 45 minutes of yours so be mindful of the time. If a Judge asks you about your arm and there is nothing wrong with your arm – say so and stop. Don’t immediately jump to what your disabling condition is. He will get to that soon enough.  If the Judge asks you how long or how far you can do something don’t say “not long” or “not far”. The Judge knows you don’t have a stop watch with you all the time but he will need some sort of idea as to the answer. If the Judge asks a question about distance be sure to use a distance that is common. Don’t say “from my front porch to my neighbor’s house”. The Judge will have no idea how far that is. Perhaps you could use a city block or a football field as a guide. 

Dress normally but cleanly. There is no reason for you to wear a suit but there is also no reason for you to wear a t-shirt with holes in it that has profanity on the front. In the majority of cases the Judge will not tell you his decision from the bench. He will close the hearing and issue his decision in writing.  

2010 Disability Statistics

SSA has released the 2010 Disability Statistics. In 2010, 1,026,988 disabled workers were awarded benefits. This statistic does NOT include only those individuals who qualified for SSI (Supplemental Security Income) only. This statistic represents only those persons who were "insured" to receive benefits by working five out of the last ten years. Here is the breakdown by impairments:


32.5% Musculoskeletal and connective tissue


21.4% Mental Disorders (more on that statistic in a bit)


10.2% Circulatory


9% Neoplasms


8.2% Nervous system and sense organs


18.7% Other


The Mental Disorders category was further analyzed by SSA which concluded the following:


11.2% Mood disorders


2.9% Organic Mental disorders


2.1% Schizophrenic and other psychotic disorders


1.8% Intellectual disabilities


.1% Developmental disorders


.2% Autistic disorders


3% Other