SSA Employee Indicted for Obtaining Un-entitled Disability Benefits

A Social Security Administration (SSA) employee and two other civilians were indicted for an alleged decade-long conspiracy to collect un-entitled disability benefits from the federal government.

The indictment was confirmed by news reports on Friday claiming that Dianne Josephine Chess, 49, service representative at the Social Security office in St. Paul, Victor Ray Holloway, 52, and Angela Grace Hinkle, 49, had a long time conspiracy to commit fraud.

Apparently, based on the investigation conducted by the federal government, Chess obtained social security account numbers and social security cards for Holloway and Hinkle. Chess, being employed at the federal agency was able to enter a fake personal identification into the SSA’s computerized data entry system. The frauds were said to obtain more than $77,000.00 in Social Security disability benefits.

Consequently, Holloway and Hinkle now face additional charges as well aside from theft of public money and making false statements related to their application for benefits way back in 2009.

Furthermore, court records revealed that Holloway has prior convictions for theft, robbery, assault, forgery, drive-by shooting, drugs, and transaction card fraud in different identities while Hinkle was convicted for theft and transaction card fraud in different identities as well.

Meanwhile, a Los Angeles SSI lawyer here is a little disappointed with such kind of employees since we are all aware that the federal funds allotted for the said program that helps the disabled, the elderly, and the poor are continuously being exhausted. He said that given such situation, there are still individuals who take advantage of the loopholes in the system. Hopefully, the federal government will totally crack down such frauds, the lawyer added.

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How SSA Determines Disability among Cancer Patients

Generally, in order to qualify for social security disability benefits, cancer patients must first provide proofs that their malignant neoplastic disease is indeed disabling and prevents them from engaging in stressful activities.

However, the types of evidence needed to support such claims vary depending on the type of disabling condition that an applicant claims.

Necessarily, in cases of cancer, there are some factors that the Social Security Administration (SSA) takes into consideration before approving a claim. These include the following:

•    Origin of malignancy
•    Range of impact of the disease on your health
•    History treatment
•    Current treatment’s effect

Any evidence to support the above-said factors should come from a licensed medical professional. Several medical certificates to support evidence that may help a disability benefit claim include diagnostic reports, lab results, surgery notes, pathology reports, and official statements from physicians.

Subsequently, other than providing evidence of the cancer type, its duration, and treatment, an applicant may also use the treatment’s effect in order to qualify for Social Security disability benefits.

Incidentally, cancers that resist treatments and patients who experience severe side effects of chemotherapy are absolutely qualified for the claim.

In its list of Compassionate Allowances Conditions, the SSA includes more than 20 types of cancers that are assessed for Social Security disability. Nevertheless, even if an applicant’s disease is not listed in the said classification or the condition does not meet the standards, an applicant may still pursue a claim with the help and guidance of a legal representative, like a Los Angeles permanent disability.

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Parkinson’s Disease and the Social Security Disability Benefits

A disability, such as Parkinson’s disease, can make an individual qualify for social security disability benefits. A person suffering from severe impairment and is unable to perform the usual job may ask for a consultation from a social security disability lawyer regarding his or her legal rights.

In most cases, Parkinson’s disease affects older people. However, cases of younger adults experiencing the disease’s symptoms have vastly increased nowadays. The disease cannot be determined by a particular test; hence, physicians usually detect the condition through a person’s symptoms. Oftentimes, patients are required to undergo a series of tests in order to confirm their conditions.

Parkinson’s disease is a destructive condition which generally affects the central nervous system. As it develops, it can lead to speech difficulties, improper posture, and difficulty in movement. Symptoms of the disease also include behavioral changes, depression, memory loss, urinary bladder or bowel problems, sleeping disorders, and more.

When symptoms of such condition progress, a person usually experiences substantial impairments. Unfortunately, up to present, no cure for Parkinson’s disease has been discovered, but only medicines to alleviate the physical inconveniences brought by some of its symptoms.

Although some people affected by the disease are able to live in a normal life, some find it difficult to cope with Parkinson’s, since its effect varies from one patient to another.

When the said condition became worse and its effect turns tremendously degenerative, in the long run, it can lead to severe long term disability. Subsequently, the same may qualify an individual to social security disability benefits. In such event, a social security disability lawyer can be of great help to assure a successful filing of claims.

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Mental Illnesses that Qualify for Social Security Disability Benefits

If a mental illness has resulted in significant impairment and disability, it could eventually qualify for social security disability benefits.

A mental disorder that has lasted or is expected to last for at least a year could mean that an individual may qualify for social security disability benefits. However, the Social Security Administration (SSA) actually provided 9 categories for the classification of disabilities, namely:

• Natural Mental Disorder – it is when a behavioral or psychological impairment was brought by a brain malfunction.

• Schizophrenia – it is characterized by a breakdown of thinking processes and by poor emotional responsiveness. The disorder usually shows itself as auditor hallucinations, paranoid or strange illusions or disorganized speech and thinking. Significant social or occupational malfunction also comes along with the disorder.

• Affective Disorders – it is a manic or depressive syndrome which could be full or partial.

• Mental Retardation – it is a generalized disorder that usually comes to light before adulthood. It is usually characterized by significantly impaired perceptive functioning and lack of two or more adaptive behaviors.

• Anxiety Disorder – it is a disorder divided into generalized anxiety disorder, phobic disorder, and panic disorder.

• Somatoform Disorder – it is usually characterized by physical symptoms that suggest physical illness or injury; symptoms which cannot be fully explained by a general medical condition, direct effect of a substance, or chargeable to another mental condition.

• Personality Disorder – it is a class of personality types and persisting behaviors that come with significant distress or disability, which seems to depart from social expectations specifically in dealing with others.

• Substance Addiction Disorder – it is a condition when a person continues the use of alcohol or other drugs despite the problems related to the use of the intoxicating substance.

• Autistic Disorder – it is a condition caused by neural development usually characterized by impaired social interaction and communication as well as by limited and repetitive behavior.

In order for a person to qualify for the social security disability benefits, an individual must meet the criteria set by the agency for each of the said category.

Aside from the above mental disorders, there may be other types of mental illnesses that are not included on the list which could also qualify a person for social security disability benefits. However, each case will be carefully evaluated by the agency and the latter will also require proof of evidences showing that a person is unable to perform a job and other strenuous activities. Evidences include its signs and symptoms as well as the physicians’ finding, most particularly the psychological evaluation.

Chances of being qualified for the social security disability benefits are at stake. Most commonly, initial claims are often denied. Therefore, to improve a person’s chances of an approved claim, the best way is to have the best representation at the very start with the help of a qualified lawyer.

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Bank of America Sued for Requiring Proof of Payment of Social Security Disability Benefit for Home Loans

Bank of America is facing a disability lawsuit after the US Department of Housing and Urban Development (HUD) found out that it violated federal laws when it discriminated home buyers with disability by requiring proof of payment of social security disability benefits.

In statement released by the HUD, it claims that the Charlotte, North Carolina-based bank imposed unnecessary and annoying requirements to borrowers relying on social security disability benefits to qualify for their home loans.

The statement further explained that to secure a home mortgage loan with the said bank, a disabled borrower must first provide physician statements to qualify for home mortgage loans, as well as proof of continuance of the borrower’s social security disability benefits.

In the lawsuit filed by two borrowers in Michigan and one in Wisconsin, the borrowers attested that the bank required them to submit medical information and documentation regarding their disability together with their proof of continuance of their disability pay to qualify for a loan.

Aside from being a violation to the Fair Employment and Housing Act (FEHA), holding home buyers with disabilities to a higher standard just because they rely on disability payments is unlawful, according to HUD assistant secretary for fair housing and equal opportunity, John Travina.

He added that Mortgage companies may verify income and have eligibility standards, but may not single out disabled home buyers to deny or delay financing if they are otherwise eligible.

The case against the said bank has been forwarded to the US Department of Justice. However, in a statement released by the bank, it says that there is no basis for the allegations regarding disability discrimination in connection with home mortgage lending.

Disabled homebuyers should not be treated unfairly. They must enjoy the same benefits and opportunities as what the others experience such as the said home mortgage loan.

Under the FEHA and the Federal Title I of the Americans with Disabilities of 1990, discriminating based on disability is strictly prohibited. Take note that disability discrimination does not only apply to employees in the workplace but also with other people like the borrowers who filed the lawsuit against the bank.

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Determine if Your Social Security Income is Taxable or Not

Many people are not aware that the 2011 social security income they received may be taxable. Under federal law, all social security income / SSI (SSI) recipients should fill up Form SSA-1099 provided by the Social Security Administration. The said form will reveal the total amount of a recipient’s benefits.

Here are a few guidelines to help you determine whether your Social Security Income / SSI and Social Security Disability Benefits are taxable or not:

• Know how much (if there is any) of your Social Security Income is taxable based on your total income and marital status.

• Worry no more if your Social Security Income is the only income you have for 2011. If this is the scenario, then your benefits are not taxable and, definitely, there would be no need for you to file an income tax return.

• If you have other sources of income, your benefits will not be taxable; certainly not if your modified adjusted gross income is more than the base amount for your filing status. Base amounts are as follows:

* For married couple filing jointly - $32,000
* For single or family head, qualified widow/widower, and married couple filing separately and do not live together - $25,000
* For married couples living together - $0

• Taxable benefits and modified adjusted gross income can be seen on a worksheet in the Form 1040-A or the Form 1040 Instruction booklet. A recipients’ tax software program can also figure this out.

• To determine if some of your benefits may be taxable, you can do your own quick computation. Just follow these few simple step below:

1. Add the half of the total security income you received from all your other income.
2. Compare your total income to the base amount of your filing status. If the result is more than your base amount, some of your benefits may definitely be taxable.

The Social Security Income / SSI is not based on a recipient’s prior work but on need, rather than the amount paid into the program or the length of time worked. It is a federal program created to supplement the income of less fortunate people. Thus, the Social Security Agency is taking into consideration which amount of the social security income is taxable and which is not.

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Trenton Man About to Spend a Decade in Jail for Stealing Social Security Disability Benefit

A 55-year old Trenton man is about to face his 10–year jail sentence after the court judge ruled over the lawsuit filed against him.

On April 26, John Bethea is about to report to the federal jail to start accomplishing his 10–year jail sentence after the US District Judge Joel A. Pisano decided on his theft of government funds and misrepresentation of social security number case.

According to the court papers, Bethea stole about $90,000 in social security disability benefits by using his brother’s social security number. Bethea started receiving social security disability benefits since August 9, 1991 while working for three different employers in New Jersey. He earned more than $188,000 without informing the Social Security Administration (SSA).

Bethea even used his brother’s social security number to obtain a New Jersey driver’s license with his brother’s name and picture. He used that fraudulent license to obtain a job under his brother’s identity. The same also enables Bethea to continue receiving Social Security disability benefits while working.

When Bethea sustained an injury at the workplace, he used that same identity to collect another $28,000 for worker’s compensation.

However, nothing really lasts forever Bethea was eventually caught in his fraudulent act. During his litigation, Bethea pleaded guilty for all the charges against him and agreed to pay restitution to the social security amounting to $89,216 and repayments to Amguard Insurance Co. for the worker’s compensation at about $28,436.

Now, Bethea will be spending a decade in jail after enjoying himself in receiving both the social security benefits and worker’s compensation.

Bethea failed to realize then that even if he surpassed the lawsuits that may likely be filed when he is caught, the money he collected through those years will not be sufficient for the attorney’s fees and other litigation costs. He shall definitely needs a well-experienced professional lawyer, like the Los Angeles disability law attorneys to plea for his misdeeds

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Social Security Disability Insurance (SSDI) Claims Soar as Unemployment Benefits Dip Down

As unemployment benefits dropped down, social security disability claims rose in number in the United States.

Looking back on the situation in 2007, 3.4 million Americans have been added to the lists of the recipients of Social Security Disability Insurance. Presently, there are about 10.6 million American receiving SSDI benefits which have brought an alarm to the community with respect to the social security trust fund drainage by 2017 since the same funding also provides people an access to Medicare and other health insurances.

According to a recent study, most Americans applying for SSDI ran out of unemployment benefits before they applied for the program.

According to Professor Mark Duggan of Wharton School of Business at the University of Pennsylvania, the SSDI benefits program has been greatly affected by the recessing economy. The duration and size of an economic recession influence the impact on SSDI.

Duggan added that if examined closely, SSDI accounts for less than 20 percent of the Social Security Administration’s (SSA) expenditures. There’s a big difference if it would be compared to that of 10 percent 20 years ago.

Since people ran out of unemployment benefits, they see the SSDI as an alternative way to earn for their living. Despite of repeated denials, people are more likely to appeal their SSDI rejections because of the strong necessities.

In his statement, Duggan further explained that the coverage of SDDI has widely extended. A couple of decades ago, SSDI programs only pay benefits to people with cancer, heart disease, strokes, mental disorders among others, but now, SSDI also pays for more illnesses that were not have ever been covered before.

So, this entirely explains the notable raise in Social Security Disability Insurance and the decrease in unemployment rate. In connection with the rapidly increasing SSDI claimants, SSA is on its way to eliminate the claimants by thoroughly filtering them during the application process.

Once an SSDI claimant is denied, he or she may file for an appeal and may consult with Social Security disability lawyers whom teach them how to answer questions given by the agency’s administrative law judge (ALJ).

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