If you’re a retired teacher, firefighter, police officer, or someone with a public pension, you may have heard about the new Social Security Fairness Act. While the law promises to increase benefits for millions, it comes with a catch: you might have to wait up to a year or more to see those changes. Here’s what you need to know about the law, the delays, and what you can do to stay on top of things.
What Is the Social Security Fairness Act?
The Social Security Fairness Act was signed into law by President Joe Biden and is a big win for many retirees. The law does away with two federal policies that previously prevented employees with public pensions from receiving their full Social Security benefits. It also increases the benefits for surviving spouses and family members of these workers.
The best part? The benefits hike is retroactive to December 2023. That means if you were getting partial benefits before, you’ll now be getting full payments, going back a year.
Long Wait Times Ahead
The Social Security Administration has made it clear that due to a lack of extra funding or staff, it could take more than a year to adjust benefits and make all retroactive payments. The SSA’s current budget doesn’t have room to handle the increased workload, and ongoing staffing shortages (plus a hiring freeze since November 2024) are only making things harder.
As a result, you can expect delays and longer wait times if you’re trying to get in touch with the SSA. The agency has warned that this will affect everyone, even those not impacted by the new law, as they try to manage the added workload.
Does The Social Security Fairness Act Affect My Payments?
While the SSA works through the backlog, they have emphasized that the processing of these changes is complicated. Since much of the work has to be done manually, it’s going to take time. The Biden White House estimates that the average increase per recipient will be around $360 a month.
What Can You Do Now?
While it’s frustrating to wait, staying patient is key. The SSA has asked for understanding as they work through this massive update. Keep an eye on any communications from the SSA, and make sure your contact info is current so you don’t miss out on any updates.
If you’re applying for SSD, need help with an appeal after a denial, or think your benefits were wrongfully terminated, Disability Help Group is here to support you. Reach out to us at 800-800-3332 or fill out our contact form here to learn more. We’ve got your back!
Like most medical conditions, blindness or loss of vision may or may not qualify a person for Social Security disability (SSD). The Social Security Blue Book contains multiple listings relating to visual impairment, and people who are otherwise eligible and meet one of those listings will generally qualify for SSD benefits. Those who don’t meet the listings may still qualify, depending on a broader analysis.
Blue Book Listings for Blindness and Visual Impairment
You are statutorily blind, meaning that the vision in your better eye is 20/200 or worse after correction, or
The field of vision in your better eye is contracted to 20 degrees or less
An SSD applicant who is statutorily blind has a higher earning threshold than other applicants. While most people will be disqualified from receiving SSD if they are able to earn at least $1,620/month, the cap for a statutorily blind applicant is $2,700/month.
The type of testing required to establish visual impairment depends on the type of impairment. For example, visual acuity is measured using the Snellen methodology or similar testing. Testing is conducted with corrective lenses. The Social Security Administration (SSA) will make adaptations to adjust to testing considered sufficiently comparable. For instance, if your vision has been measured at a distance of 10 feet, the SSA will convert that measurement to the 20 foot standard.
SSD for Visual Impairment Outside the Blue Book Listings
Meeting or equalling a Blue Book listing can be the simplest way to qualify for SSD benefits, but it isn’t the only one. If you are visually impaired and your visual impairment compromises your ability to earn a living, you may still be eligible for SSD. If you don’t meet a listing, the SSA will consider your ability to engage in substantial gainful activity (SGA) based on your residual functional capacity and a grid system that takes into account your age, educational level, past work experience and transferable skills.
Get Help with Your SSD Application for Blindness
Most SSD applications are initially denied, but you can improve your chances of approval by ensuring that your application is complete, accurate, and accompanied by the evidence the SSA will be looking for. At Disability Help Group, we have extensive experience with SSD applications and appeals and can help ensure that you submit the strongest claim possible. To learn more, call 800-800-3332 right now, or fill out our contact form here.
When your Social Security disability (SSD) benefits were approved, you probably breathed a big sigh of relief. Many people who are approved for SSD continue to receive those benefits until they reach full retirement age. Then, they are transitioned to Social Security retirement benefits. The amount of benefits stays the same, so many people don’t even notice that change. But in some situations, SSD benefits are terminated or suspended before the recipient reaches retirement age.
Why Can SSD Benefits Be Terminated?
The biggest reason SSD benefits terminate–other than the transition to retirement benefits–is that the Social Security Administration (SSA) no longer considers you disabled. This typically happens in one of two ways:
Your Medical Condition Improves
You don’t have to be permanently disabled to receive SSD benefits. In fact, people often receive SSD benefits for conditions that are unlikely to be permanent. For example, a person might get SSD benefits because they are disabled by cancer, but go through treatment and improve enough to return to work. Similarly, disability due to an injury might last longer than the minimum required 12 months, but not be permanent. And, medical solutions are always improving, so a condition that wasn’t treatable when you were approved for SSD may become more manageable, or even curable.
Part of the SSA’s definition of “disabled” is that you are unable to engage in substantial gainful activity (SGA). If your earnings from work exceed a certain threshold while you’re on SSD, it will trigger a trial work period. If you exceed that amount in nine out of 60 months, the SSA will start to transition you away from SSD benefits.
Other Reasons You Could Lose SSD Benefits
There are also reasons you could lose SSD benefits for as long as certain circumstances exist. For example, if you move to a country where the SSA can’t pay benefits, you could lose benefits for as long as you are in that country. If you’re in jail or prison for more than 30 days, your SSD benefits will be suspended. However, you can request reinstatement when you are released.
A Disability Benefits Advocate Can Help
This is just one of the many aspects of SSD that can be complicated and confusing. Whether you are just applying for SSD, have been denied and want to appeal, or believe your benefits have been wrongfully terminated, Disability Help Group can be your best resource. To learn more, call us at 800-800-3332 or fill out our contact form here.
Social Security’s union employees secure a telework deal through 2029
Written by: Scott Layden, DHG Senior Disability Advocate
Outgoing Social Security Commissioner Martin O’Malley negotiated an updated contract with Social Security employees who are members of the American Federation of Government Employees (AFGE).
What Does This Mean For Union Employees
The updated contract secures the current telework policy (work from home) for nearly 42,000 of the 60,000 employees of the Social Security Administration through 2029. Depending on their job, Social Security workers have to report to the office between 2 and 5 days a week.
Incoming President Donald Trump’s Department of Government Efficiency (DOGE) had vowed to end telework entirely for government employees, which could have resulted in thousands of Social Security employees leaving their jobs. “This deal will secure not just telework for SSA employees, but will secure staffing levels through prevention of higher attrition, which in turn will secure the ability of the Agency to serve the public,” AFGE chapter president Rich Couture told Bloomberg.
Written by: Scott Layden, DHG Senior Disability Advocate
ADVOCATE SPOTLIGHT: Putting Your Medical Providers To Work For You
Written by: Jennifer HC Walker, DHG Senior Disability Advocate
Welcome to the Advocate Spotlight. My name is Jennifer HC Walker. I am a licensed attorney in both Florida and New Jersey and I have been helping clients get their Social Security disability benefits since 2001. Over the last 23 years, I have appeared in front of Judges all over the country at thousands of hearings and my expertise includes developing and presenting disability claims to Social Security at every level of the process.
I have found that the opinion of a treating doctor (or nurse practitioner) helps create a good foundation for social security to find you disabled.
How To Maximize the Support of Your Medical Providers
You may think your doctor “knows” that you are not able to work or that you have certain limitations, but I always recommend that you speak to them directly about this. If they are supportive that you cannot work because of your conditions and are willing to back up their treatment notes with that opinion, in many cases, that will boost the strength of your disability claim.
Documentation Is Key In A Strong SSD Claim
Disability Help Group has created forms for your doctors to complete which will ask them to explain how your medical conditions affect your ability to do work-related activities such as sitting, standing, walking and lifting. This form is called the “Medical Source Statement” or “Residual Functional Capacity Assessment”; we also sometimes refer to it as an “RFC”. There are separate forms to address physical and mental conditions. The mental form is called the “Mental Capacity Assessment” or “MCA”.
In deciding your case, Social Security reviews the notes from your doctor visits and hospitalizations and the medical source statement form can pull those together, not just confirming that you have diagnoses or that you are “disabled” but explaining how your medical conditions affect your abilities to perform every day activities as they exist in a work setting.
These forms allow your treating professional to indicate your need for help, for example, that it is medically necessary for you to use a cane or other assistive device, for you to need extended breaks while performing tasks, that you have difficulty using your arms or your hands or problems concentrating.
The form for mental conditions “MCA” covers different topics such as your ability to deal with people, manage your time and follow instructions.
Key Points To Keep In Mind
There are several important factors to consider when pursuing your Social Security Disability (SSD) claim. Understanding these elements can significantly improve your chances of success and ensure a smoother process from start to finish.
Social Security’s rules dictate that the opinion of your treating source must be found persuasive if it is consistent with the records, that is why it is so important to speak to your providers about any conditions you feel affect your ability to work. If your provider’s notes fail to support the doctor’s conclusions; for example if your doctors notes all show you are doing OK or are feeling fine but the form shows severe limitations, it lessens the effectiveness of the form. Social Security’s rules demand that the form be submitted, even if it hurts your case, so you want to be sure to speak to your doctor about their support before deciding to ask them to complete it.
Speak with your Advocate, there may be special rules in place due to your age and past work which the doctor should keep in mind when completing the form.
You may have several different conditions contributing to your inability to work; the forms give your provider a chance to put together your limitations based on all these conditions combined. Your provider may want to see you in person to complete the form but remember the form needs to reflect the doctor’s opinion of your conditions and not just a recounting of what you have told them.
These forms are not static, as the regulations and focus of Social Security change over the years; these forms may change to better fit those regulations.
Our Experts Are Here To Help You
Our goal is to help you get the disability benefits which will result in peace of mind so you can concentrate on treatment and affording life’s expenses. Enrolling the help of your treating health professionals can increase your chances of success. Put them to work for you!
Below you’ll find the RFC and MCA. If you would like them mailed to you please call us to request them.
