West Virginia Social Security Disability Law Blog

This blog previously highlighted West Virginia administrative law judge David Daugherty being placed on administrative leave during an investigation into his Social Security Disability Insurance benefits approval rate. Judge Daugherty recently announced his decision to retire. Daugherty has always maintained that he did nothing wrong, despite criticism after his approval rate was published in the Wall Street Journal.

The Herald-Dispatch reports that between mid-September 2009 and mid-March 2011, the judge approved Social security benefits in 2,100 cases and rejected them in four. Daugherty's rate of approval was 99.8 percent during that 18-month period. In comparison, other administrative law judges' approval rate was 71.1 percent, with individual rates between 45 and 85.9 percent.

Many of those who receive Supplemental Security Income or Social Security disability benefits want to return to work but for some medical reason can't. For those that are lucky and healthy enough to work can take advantage of a free program called Ticket to Work. The program allows receiving some type of disability benefit to work while still having access to their disability benefits.

Benefit recipients can work with an employment network, which is an organization that gives the new worker career counseling, vocational rehabilitation and training, and job search assistance. Those on disability can also choose which employment network they want to work with.

Earlier this month, this blog addressed the effect the debt crisis and the possible debt default would cause on Supplemental Security Income and other disability benefits, but there is also a growing concern among veterans that their benefits will be affected. In a recent move to calm veterans' fears, President Obama has called veterans' organizations to the White House to discuss how the debt ceiling could affect them.

Disabled veterans are relying on veterans' advocacy groups to represent their interests with the president. The Disabled American Veterans and the Iraq and Afghanistan Veterans of America organizations have reported a surge in emails and phone calls from nervous veterans. Unfortunately, veterans' advocacy groups have had few answers for their constituents.

Social Security Disability Insurance benefits can be difficult to get. You have to not only show that you have heart disease, but you also need to show that you are no longer able to work. There are some conditions, however, that have been classified by the Social Security Administration as so serious that a diagnosis will be sufficient to prove disability. There are talks that the Administration will possibly be adding heart disease to this list of "Compassionate Allowance" conditions.

The Social Security Administration has taken the first steps in determining whether or not heart disease should be an automatic disability. The Administration recently held public outreach hearings in order to gather opinions on the matter. The Administration has also been considering adding some cardiovascular conditions individually instead of the whole umbrella of heart disease.

In this economic downturn, states have been desperate to cut their budgets. The problem is that states are increasingly cutting Medicaid funding. This is having serious impacts on those with disabilities and those that rely on disability benefits, says the Washington Post.

Home-health services and, in particular, professional caregivers are some of the hardest hit. There have been recent concerns about how to fund professional caregivers. Caregivers often provide essential services for those with disabilities. States are reluctant to fund programs that have garnered some attention as fraudulent.

A traumatic brain injury can be a severe physical disability. Traumatic brain injuries often lead to comas, in which a patient is unconscious and can't be revived. While many comatose patients eventually wake up, many who suffered traumatic brain injuries will not be able to function as they did before.

Traumatic brain injuries are very common in the United States and approximately 1.7 million people suffer these injuries after traffic accidents or intentional violence. A new procedure called transcranial magnetic stimulation, however, may help increase brain function in injured patients.

Poor families with disabled children often have a difficult time coping with the high costs of treatments or programs for their children. The money they receive from the federal government through the Supplemental Security Income program can help offset some of the expense. Critics, however, are calling for reforms of the Supplemental Security Income program and the program is already under congressional investigation.

The children's Supplemental Security Income program has seen a three percent increase in participants over the last year, bringing the number of children accessing the program to 1.24 million. The current budget is at $10.3 billion. Children in the program generally received $700 each month. The largest increase in participants is of those with non-physical disabilities. Children with mental, learning and behavioral disorders now constitute 55 percent of children enrolled in the Supplemental Security Income program.

The deadline to raise the federal government's debt ceiling is fast approaching. As lawmakers try to come to an agreement, there is talk of a probable delay in Supplemental Security Income and other disability benefit payments. President Obama and Congress must decide whether or not to raise the debt limit by August 2, in order to avoid a delay on making its Supplemental Security Income payments due on August 3.

On August 3, the federal government will owe $23 billion in Social Security benefits, but it is unlikely the federal government will have sufficient funds to pay the full amount. It also doesn't look like the government will be able to pay off the balance any time soon.