Skip to main content

JUDGE JUDY TIRADES ABOUT SOCIAL SECURITY

Judge Judy Sheindlin has added her two cents worth to the controversy about Social Security.  Judge Judy appeared on a Fox News program hosted by Megan Kelly and said she was tired of people getting Social Security disability because they were "alcoholics and drug addicts," adding to the popular myth that SSDI is "going broke" because of dead beat drug users who refuse to work.  Fox News did nothing to set the record straight.

The truth is that by law individuals cannot qualify for SSI or SSDI benefits based on either alcohol or drug addiction/abuse.

In 1996, Congress passed Public Law (P.L.) 104-121—which terminated benefits for Supplemental Security Income (SSI) and Disability Insurance (DI) beneficiaries whose primary impairment was drug addiction, alcoholism, or both. As a result of the 1996 legislation, those individuals became ineligible for benefits, effective January 1, 1997.


Social Security will currently not award benefits to persons because of either drug or alcohol abuse.  The exception is that an individual who abuses drugs or alcohol may qualify for benefits because of a non-alcohol or non-drug related illness (where drug and/or alcohol use is not material to the impairment).  For example, an alcoholic might still get benefits for brain cancer, if the cancer was not caused or materially affected by the alcoholism).

Wouldn't it be nice if celebrities would do some basic research and deal with simple facts when they use the media to launch their tirades?  By the way, I just saw where Judge Judy, a very intelligent and talented lady, is being paid $45 million per year as she exercises her "self dependence."  Reportedly, that salary is being significantly increased when her contract renews in 2015. I am a staunch capitalist and believe a person has a right to honestly earn whatever the free market will pay.  Still, I am a little grieved when a celebrity earning $45 million a year, with a net worth of over $150 million, tirades about the $710 federal maximum monthly benefit allowed for SSI beneficiaries!  It's a matter of being fair and accurate.

My clients who are living on $710 per month (and many less than that) don't have access to Fox News or the TV networks to tell their side of the stories. What a different story that would be!


Comments

Popular posts from this blog

COMPLETING THE FUNCTION REPORT FOR SOCIAL SECURITY

Social Security analyzes a new claimant's ability to perform certain activities.  This helps them to decide whether the claimant is disabled according to their rules.  They use a form called "Function Report - Form SSA-3373-BK" or one very much like it.  Be careful how you answer the questions on this form.  Strive to be accurate but also descriptive.  Try to give a real picture of how your pain or other symptoms limit your daily activities--such as shopping, driving, doing housework, socializing, etc. Here are just a few of the questions on the Function Report, as samples of the type of information being collected from each applicant who files a new claim for benefits: Do you take care of anyone else such as a wife/husband, children, parents, friend, other?  ( If you do, and do not show that you have significant problems in doing so, Social Security may judge that you are quite able to perform other activity, like working). How often do you prepare food or meals? 

DISABILITY 101 - FINAL EXAMINATION

Take this sample test.  If you fail the test, you may not want to represent yourself at a Social Security disability hearing.  The following are reasonable items of knowledge that should be expected at any hearing.  Answers are given following the test.  There are no trick questions. 1.  How many years are there in "past relevant work" history? 2.  How many sequential steps are there in evaluating an SSDI claim? 3.  Which exertional level requires the ability to stand or walk for only about two hours out of an eight-hour workday? 4.   True or False?  The inability to walk one block at a reasonable pace over a rough or uneven surface is an example of ineffective persistence and pace? 5.  Jobs at which exertional level usually requires the ability to react appropriately with co-workers, supervisors and the general public? 6.  If an individual is restricted to medium exertional level work, at what other levels can he also perform. 7.  You are alleging disability as of Se