Archives for December 2020

Disability Cost Of Living Increases?

Receiving a disability benefit is intended to replace the income that you would otherwise receive from working. Much like a salary or an hourly wage, most people experience an increase as the cost of living rises.

Some benefits do receive cost-of-living increases due to inflation. Without it, there would be no protection from the effects of inflation, leaving recipients with a substantial decrease in purchasing power. This includes these programs from Social Security:

  • Old-Age
  • Survivors
  • Disability Insurance

They are collectively known as OASDI. Disability benefits also see an occasional small cost-of-living adjustment (also called COLA).

Disability Cost Of Living Increases?

Calculating The COLA

COLA increases are determined in two steps to establish if a COLA is warranted for the year.

First, The Department of Labor’s Bureau of Vital Statistics does a yearly assessment of the Consumer Price Index Urban Wage Earners and Clerical Workers, known as CPI-W. This number represents the change in what people pay for goods and services over time.

The Social Security Administration reviews the third-quarter CPI-W rate (July, August, and September) from the year when recipients were last given a COLA increase. Social Security then compares that number to the current year’s third-quarter CPI-W. if there is an increase of at least .01% in the CPI-W, recipients begin receiving a COLA increase in the following January. If the number is less than .05%, or the CPI-W decreased, no COLA is given.

COLA is an automatic raise, so recipients don’t have to apply for or request anything.

The COLA for 2020 is 1.6% for both Social Security and SSI benefits. This translates to $12 for an individual and $18 for a couple where both are eligible.

The average increase for SSDI recipients averages about $20, but the total will ultimately depend on a person’s lifetime earnings.

 2021 COLA

The current planned COLA for 2021 is 1.3%, representing the recent lower rate of inflation. This will increase monthly checks by:

  • $20 per month for the average retired worker
  • $33 per month for the average retired married couple
  • $16 per month for the average disabled worker
  • $137 per month maximum for the person retiring at full retirement age

There are similar raises planned for individuals who receive SSI.

Emergency Social Security COLA for 2021 Act

Shortly after the COLA announcement, two lawmakers have proposed an emergency raise to 3% for recipients due to COVID-19. Co-sponsors Rep. Peter DeFazio, D-OR, and Rep. John Larson, D-CT introduced House Bill 8598. If approved, it is intended to give recipients a 3% increase in monthly benefit to help offset the extra expenses due to COVID-19.

New Jersey congressmen Chris Smith and Jeff Van Drew have introduced a similar bill (H.R. 8600, The COVID-19 Emergency Social Security Cost of Living Increase Act of 2020 ) that would not only raise the COLA for 2021 to 3%, but would guarantee that subsequent COLAs would be no less than 3%.

H.R.8600 would also change the formula for calculating the COLA from the current CPI-W to a “Senior CPI,” which takes into account the expenses that are more common to seniors.

Neither bill has any additional action since its introduction into the House.

Let Herren Law Help You With Your Disability Claim

We’ve helped over 4,000 Houstonians get their disability benefits. The Herren Law Firm in Houston, TX can assist with your application, appeals, and records gathering to prove your case, and win your claim. Contact us today at 713-682-8194 (or use our online contact form) to schedule your free consultation. There’s no obligation and no up-front fees, and we only collect a fee if we win your case.

 

Mental Disorders and Social Security Disability in Houston, TX

Mental illness and disorders can mean a range of symptoms as well as one or more types of conditions. Mental disorders don’t have visible symptoms like an injury and aren’t easily diagnosed like cancer or heart conditions. Therefore, it’s much more difficult to diagnose and prove.

Mental Disorders and Social Security Disability in Houston, TX

 

Social Security does recognize mental disorders as a disability. Nearly nine million individuals receive Social Security Disability in the US, and an estimated 32% are receiving disability for mental disorders. However, the burden of proof can be more complex than it is for physical conditions.

Types Of Disorders

Social Security has a list of mental conditions for which they will award disability benefits in their “blue book.” Divided by sections, the listing includes:

  • Neurocognitive disorders (02)
  • Schizophrenia spectrum and other psychotic disorders (03)
  • Depressive, bipolar, and related disorders (04)
  • Intellectual disorder (05)
  • Anxiety and obsessive-compulsive disorders (06)
  • Somatic symptom and related disorders (07)
  • Personality and impulse-control disorders (08)
  • Autism spectrum disorder (10)
  • Neurodevelopmental disorders (11)
  • Eating disorders (13)
  • Trauma- and stressor-related disorders, such as PTSD (15)

Some conditions may not exactly meet the criteria of Social Security’s definitions. However, if you can prove that your condition prohibits you from doing even a simple and unskillful job due to brain-related disorders, psychiatric or emotional problems, you may still be able to receive benefits for disability.

What It Takes To Get Benefits

Applying for Social Security Disability can feel like a major undertaking, and it can be. But it’s important to ensure that your application is complete so that your chances of approval are better.

In addition to filling out your application, you’ll need to include:

  • Your diagnosis and the reason(s) why you can’t work
  • Complete medical records
  • Names and contact information of your healthcare providers:
    • Doctors
    • Hospitals
  • List of upcoming medical appointments
  • Treatment plans you have been prescribed and following

Social Security will investigate everything they have been given, so it’s important to ensure that the information is accurate and complete.

Why Applications Are Denied

Some of the primary reasons for denial include:

  • Not enough medical evidence
  • The previous denial—if you’ve been denied before, file an appeal on that case rather than starting over.
  • An incomplete or improperly filled out application
  • Income—you can’t earn a considerable amount of money
  • Not getting and following medical treatment
  • Not cooperating with SS caseworkers while your claim is being worked

One estimate indicates that a full 70% of SSD applications are denied on the first try, but it’s important not to give up. Social Security has an extensive system of appeals with detailed guidelines that you can use to increase your chances of approval.

If the application or appeals process is more than you can handle, consider speaking with an experienced disability attorney in Houston. Having an attorney help you through the process can make it easier and increase your chance of winning your claim and receiving the disability benefits you need.

Need Help With Your SSD Application Or Appeal? Call Herren Law Today

Mental illness is particularly difficult, especially when it impacts your life. If you’re unable to work because of a mental disorder, let us help you with your application for Social Security Disability. We can tell you what you need and how to go about applying. If your claim is denied, we can also help you with an appeal.

We’ve helped over 4,000 Houstonians get their disability benefits. The Herren Law Firm in Houston, TX can assist with your application, appeals, and records gathering to prove your case, and win your claim. Contact us today at 713-682-8194 (or use our online contact form) to schedule your free consultation. There’s no obligation and no up-front fees, and we only collect a fee if we win your case.

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